Fifth Circuit Sets April 17th to Hear Arguments on Lifting Stay on Executive Actions
The Fifth Circuit Court of Appeals will hear arguments in a few weeks on lifting Texas Judge Andrew Hanen’s injunction on the President’s DACA and DAPA programs. Each side will be granted an hour to make its arguments and states in favor of the programs will be given an opportunity to submit briefs supporting the President. No word on how long the court would take to issue a decision, but presumably it would be soon after the hearing.
My friend David Leopold notes that the court hearing oral arguments in a motion of this type is highly unusual. David also is happy with the overall timing of the appeal:
Given the expedited briefing schedule, the 5th Circuit Court of Appeals could issue a decision on the Obama Administration’s appeal of Judge Hanen’s order sometime in June. This means that regardless of whether the Court of Appeals temporarily stays (lifts) the injunction, if the Obama Administration wins the case the delay to DAPA/DACA expansion could be no more than a few weeks.
That’s good news.