BREAKING: District Court Declares Obama Immigration Amnesty Unconstitutional

obama-signing-law

Andrew C. McCarthy writes:

“I wonder how the Republican establishment will take this: A federal court has the gumption to declare the obvious — namely, that Obama’s immigration policy is unconstitutional, just as Republican candidates argued while seeking votes during the recent midterm election campaign — only three days after 20 Republican senators astonishingly joined with the Democrats to endorse Obama’s policy as constitutionally valid.”

(read more)

[Also see – Chris Christie Prediction: ‘In 2017, there won’t be an Obamacare‘]

From Jon Adler‘s analysis on Judge Schwab’s opinion at the Volokh Conspiracy

cruz76lawless

Jonathan H. Adler:

Earlier Tuesday, a federal court in Pennsylvania declared aspects of President Obama’s executive actions on immigration policy unconstitutional.

According to the opinion by Judge Arthur Schwab, the president’s policy goes “beyond prosecutorial discretion” in that it provides a relatively rigid framework for considering applications for deferred action, thus obviating any meaningful case-by-case determination as prosecutorial discretion requires, and provides substantive rights to applicable individuals.  As a consequence,  Schwab concluded, the action exceeds the scope of executive authority.

‘The Tennis Court Oath, 20th June 1789’, by Jacques Louis David (1791) ©Bridgeman Art Library

This is the first judicial opinion to address Obama’s decision to expand deferred action for some individuals unlawfully present in the United States. [I’ve now posted the opinion here.]

The procedural background of the case is somewhat unusual.  The case involves an individual who was deported and then reentered the country unlawfully. In considering how to sentence the defendant, the court sought supplemental briefing on the applicability of the new policies to the defendant, and whether these policies would provide the defendant with additional avenues for seeking the deferral of his deportation.  In this case, however, it’s not entirely clear it was necessary to reach the constitutional question to resolve the issues before the court with regard to the defendant’s sentence.

This isn’t the only case challenging the lawfulness of the Obama’s immigration actions. Some two-dozen states have filed suit challenging Obama’s recent immigration policy reforms…(read more)

Washington Post –  National Review Online



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