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Thread: Obama Immigration EO unconstitutional

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    Obama Immigration EO unconstitutional

    Federal judge: Obama immigration actions 'unconstitutional' | Fox News

    The 1st federal judge in PA has ruled Obama's Immigration EO unconstitutional as we all knew that it was.

    In an opinion filed Tuesday, U.S. District Court Judge Arthur Schwab, in Pennsylvania, said Obama's immigration actions are invalid and effectively count as "legislation" from the Executive Branch.

    "President Obama's unilateral legislative action violates the separation of powers provided for in the United States Constitution as well as the Take Care Clause, and therefore, is unconstitutional," the judge wrote.

    yet another judge puts king Obama back in his place. I wonder if he will try to remove this judge or try and stack the court above him.

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    Re: Obama Immigration EO unconstitutional

    Quote Originally Posted by ludin View Post
    Federal judge: Obama immigration actions 'unconstitutional' | Fox News

    The 1st federal judge in PA has ruled Obama's Immigration EO unconstitutional as we all knew that it was.

    In an opinion filed Tuesday, U.S. District Court Judge Arthur Schwab, in Pennsylvania, said Obama's immigration actions are invalid and effectively count as "legislation" from the Executive Branch.

    "President Obama's unilateral legislative action violates the separation of powers provided for in the United States Constitution as well as the Take Care Clause, and therefore, is unconstitutional," the judge wrote.

    yet another judge puts king Obama back in his place. I wonder if he will try to remove this judge or try and stack the court above him.
    That's his opinion. Doesn't effect anything as the EO didn't even apply to the criminal matter.


    The Justice Department downplayed the significance of the opinion.

    "The decision is unfounded and the court had no basis to issue such an order," a DOJ spokesperson said in a statement. "No party in the case challenged the constitutionality of the immigration-related executive actions and the department's filing made it clear that the executive actions did not apply to the criminal matter before the court. Moreover, the court's analysis of the legality of the executive actions is flatly wrong. We will respond to the court's decision at the appropriate time."
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    Re: Obama Immigration EO unconstitutional

    More on the judge and his opinion from the "far left wing" MSNBC

    As noted by Americanwoman, the President's Executive Order is unrelated to the criminal case before the judge, who apparently has a bit of a hate on for the Pres.

    Shoba Sivaprasad Wadhia, a law professor at Pennsylvania State University and expert in prosecutorial discretion in immigration law, told msnbc, “It strikes me as odd for a single judge to devote so many pages of a memo to his feelings about the president’s executive action when the case itself is about an individual immigrant who faces illegal re-entry charges. There’s a little bit of political theater, and maybe the judge had a bad day.”
    Judge Arthur Schwab seems to have some control issues
    Schwab was removed from a case in 2008 to bring about what a higher court called “a reduced level of rancor,” a rare if not unprecedented move that a law professor told the Pittsburgh Tribune-Review at the time was “considered to be a disciplinary action.” He was pulled from a case again in 2012. Schwab recused himself from 17 ongoing cases in 2011 because of bias allegations.
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    Re: Obama Immigration EO unconstitutional

    Quote Originally Posted by americanwoman View Post
    That's his opinion. Doesn't effect anything as the EO didn't even apply to the criminal matter.
    It is more than his opinion. It was his ruling. There is a huge difference in the matter.

    The guy in question was using obama's eo as a defense. That allows the judge to determine the constutionality of the law.

    He deemed it unconstitutional. It doesn't matter what the doj. They are not the judge. Their opinion is useless in this matter. They can say whatever it is they want. The fact is the judge ruled the eo as unconstitutional will hav an impact.

    As there are already 2 cases in court right now.

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    Re: Obama Immigration EO unconstitutional

    Quote Originally Posted by ludin View Post
    It is more than his opinion. It was his ruling. There is a huge difference in the matter.

    The guy in question was using obama's eo as a defense. That allows the judge to determine the constutionality of the law.

    He deemed it unconstitutional. It doesn't matter what the doj. They are not the judge. Their opinion is useless in this matter. They can say whatever it is they want. The fact is the judge ruled the eo as unconstitutional will hav an impact.

    As there are already 2 cases in court right now.
    We'll see how it washes out, through appeals and to the SC, but I agree with you that the justice's ruling is far more relevant than any bleatings from the Justice Department.
    "Liberals claim to want to give a hearing to other views, but then are shocked and offended to discover that there are other views." William F. Buckley Jr.

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    Re: Obama Immigration EO unconstitutional

    From the article:

    He already has pleaded guilty to "re-entry of a removed alien," but the court subsequently examined the impact of Obama's immigration actions on the case.
    Apparently they examined the issue to see if it would apply to the Honduran here illegally. We don't know the Honduran's circumstances, but seems like a legitimate move by the judge. If Obama's EO would have applied then they would have had to let him go despite his already pleading guilty to re-entry.

    I agree, the DOJ's opinion in this isn't worth the air it took to make them compared to the judges ruling.
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    Re: Obama Immigration EO unconstitutional

    Judges can only decide cases, they cant make policy, so unless someone specifically challenges the order or some application of it, it cant really be overturned by a judge. In any case, any effect will be appealed until the SC rules on it.

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    Re: Obama Immigration EO unconstitutional

    Quote Originally Posted by ludin View Post
    It is more than his opinion. It was his ruling. There is a huge difference in the matter.

    The guy in question was using obama's eo as a defense. That allows the judge to determine the constutionality of the law.

    He deemed it unconstitutional. It doesn't matter what the doj. They are not the judge. Their opinion is useless in this matter. They can say whatever it is they want. The fact is the judge ruled the eo as unconstitutional will hav an impact.

    As there are already 2 cases in court right now.
    And no doubt youll have some liberal judge rule contradictory.

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    Re: Obama Immigration EO unconstitutional

    Quote Originally Posted by jonny5 View Post
    Judges can only decide cases, they cant make policy, so unless someone specifically challenges the order or some application of it, it cant really be overturned by a judge. In any case, any effect will be appealed until the SC rules on it.
    Bold: That's what this judge did. He checked to see if Obama's Immigration EO applied to this case and decided it didn't because it was an unconstitutional EO.
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    Re: Obama Immigration EO unconstitutional

    Quote Originally Posted by Kal'Stang View Post
    Bold: That's what this judge did. He checked to see if Obama's Immigration EO applied to this case and decided it didn't because it was an unconstitutional EO.
    which was correct because of the EO he would have to decide of it was in fact relevant to the case.
    Obama overreached and it was ruled unconstitutional. it was then you are right as well he would have to be let go.

    guilty or not guilty plea wouldn't have mattered.

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