It was another one step forward and one step back for the Obama administration this week. On the one hand, there were cheers for his rejection of the Keystone XL pipeline and dejection after a federal appeals court ruled against his plan to block the deportation of 5 million undocumented immigrants.
There is much to be said about the Keystone issue, about both the relative short-term benefits and the long-term setbacks, particularly the increase in fossil fuel consumption.
The president had taken a long time to make up his mind about the pros and cons of the pipeline, but there has been little hesitation on his part about to immigration reform.
In a 2-to-1 ruling, the U.S. Court of Appeals for the 5th District in New Orleans, known for its conservative tendencies, again stymied the president’s executive authority, as it had done several months before. Two of the panel members, Judges Jerry Smith and Jennifer Elrod, were appointed by Republican presidents.
The remaining option for Obama is to take the battle to the Supreme Court. He is likely to get more favorable treatment there. Even so, time is running out on the plan, which will take months before any possible hearing and months longer to be implemented.
“The president must follow the rule of law, just like everybody else,” Texas Attorney General Ken Paxton said in a statement Monday. Texas led a coalition of 26 states that brought the lawsuit. “Throughout this process, the Obama administration has aggressively disregarded the constitutional limits on executive power.”
Marielena Hincapie, executive director of the National Immigration Law Center, expressed her exasperation on the ruling. “Every single day that goes by means further delays,” she said. “Once the green light is given [by the Supreme Court], it will make it that much more difficult for any administration, Republican or Democrat, to undo the program.”
Smith wrote in a 135-page decision that District Judge Andrew Hanen’s decision in February to issue an injunction on Obama’s program was “impressive and thorough,” it was reported. In effect, the appeals court backed the Texas ruling and its legal standing.
“Today’s ruling is a slap in the face to the good people in America who have also been waiting for Congress and the courts to act with justice, humanity and common sense on the issue of immigration reform,” said Angelica Salas, executive director for the Coalition for Humane Immigrant Rights of Los Angeles.
Meanwhile, the president’s dream remains in limbo and only a quick appeal and decision by the Supreme Court offer any possibility that it will arrive before he leaves office.
