BREAKING: District Court Declares Obama Immigration Amnesty Unconstitutional

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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

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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.   Read the rest of this entry »