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He knows he’d lose because it would be strict Constitutionalist Justice Scalia deciding if the court were to hear it

Via Breitbart.com:

The Obama administration revealed today that it will not take the fight over executive immigration amnesty to the Supreme Court, essentially admitting defeat in its fight to lift a court-ordered stay placed by a Texas judge.

Obama’s executive actions still have to be settled in court, but yesterday’s decision prevented the administration from moving forward in its efforts to sign up illegal immigrants for the amnesty programs.

“The department believes the best way to achieve this goal is to focus on the ongoing appeal on the merits of the preliminary injunction itself,” said Patrick Rodenbush, a spokesman for the Justice Department to the New York Times. “Although the department continues to disagree with the Fifth Circuit’s refusal to stay the district court’s preliminary injunction, the department has determined that it will not seek a stay from the Supreme Court.”

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