The Obama administration’s lawyer, Benjamin Mizer, the acting assistant attorney general of the Civil Division at the Justice Department, did not have an easy time in his argument last Friday before a three-judge panel of the 5th Circuit Court of Appeals in the immigration lawsuit filed by 26 states.
He was questioned about all of the claims being made by the government, from the administration’s argument that the states don’t have standing to file a lawsuit to the assertion that everything President Obama has done is within the administration’s prosecutorial discretion.
The substantive merits of district court Judge Andrew Hanen’s Feb. 16 injunction order was not before the panel; just the government’s request that the 5th Circuit stay (or lift) the injunction while the appeal is pending.
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