The Obama administration’s legal woes continued on Tuesday after government lawyers failed to convince a federal appeals court to overturn a temporary injunction against executive amnesty issued by U.S. District Judge Andrew S. Hanen. In February, Hanen blocked the first phase of the Deferred Action for Parental Accountability program and reaffirmed his decision in April partly because government lawyers misled the court, granting work permits to 100,000 illegals before the executive action was temporarily blocked. Two of the three judges on the U.S. Court of Appeals for the Fifth Circuit — Jerry Smith and Jennifer Walker Elrod — “found that the states had sufficient legal grounds to bring the lawsuit and that the administration had not shown that it would be harmed if the injunction remained in place and the programs were further delayed,” The New York Times reports. Tuesday’s ruling isn’t a final verdict — the case could eventually make it to the Supreme Court — but the administration is now 0-for-2, and it’s looking likelier it will strike out. Obama spokesman Brandi Hoffine responded to the decision by insisting they know the Constitution better than anyone, saying Judges Smith and Elrod “chose to misinterpret the facts and the law in denying the government’s request for a stay.” If that’s the case, how do Democrats expand this nugget from The Washington Post? “Obama’s second-term agenda, it seems, is in the hands of the courts. Same-sex marriage. Obamacare. Climate change. And now immigration. And in many cases, there is significant doubt about whether his signature initiatives will stand legal scrutiny.” Tell us again who “chose to misinterpret the facts and the law”?
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