...
“The court’s decision is a vindication for the Rule of Law and the Constitution,” said Texas Governor Abbott in a statement obtained by Breitbart Texas. Abbott initially filed the lawsuit in 2014 duing his final months as Texas’ Attorney General. “The President’s job is to enforce the immigration laws, not rewrite them. President Obama should abandon his lawless executive amnesty program and start enforcing the law today.”
Judge Hanen initially wrote: “The ultimate question before the Court is: Do the laws of the United States, including the Constitution, give the Secretary of Homeland Security (DHS) the power to take the action at issue in this case?”
Breitbart Texas reported that the judge laid out three issues to answer in this ruling: “(1) whether the States have standing to bring this case; (2) whether the DHS has the necessary discretion to institute the DAPA (Deferred Action for Parents of Americans and Lawful Permanent Residents) program; and (3) whether the DAPA program is constitutional, comports with existing laws, and was legally adopted.”
The Fifth Circuit held, “Reviewing the district court’s order for abuse of discretion, we affirm the preliminary injunction because the states have standing; they have established a substantial likelihood of success on the merits of their procedural and substantive APA claims; and they have satisfied the other elements required for an injunction.”
http://www.breitbart.com/texas/2015/11/09/appeals-court-stops-obamas-executive-amnesty/