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District court declares Obama immigration action unconstitutional

danarhea

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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.

Yup, this case is going to SCOTUS.

Article is here.
 
It's about time Obama was taken to the woodshed over this.
 
4th & 10. They'll probably punt!

Won't want to make any waves.

I hope I'm wrong !!!!
 
Exceeds the scope of Executive Authority.....and while Abbot says Texas being a border state, can show specific harm.


Nearly half of U.S. states now suing President Obama over immigration order.....


Four more states have joined a Texas-led coalition suing the Obama administration over executive action on immigration. The addition of Arkansas, Michigan, North Dakota and Oklahoma brings to 24 the number of states fighting the order in a federal district court in Brownsville.

Outgoing Attorney General Greg Abbott says Texas is uniquely qualified to sue because its sprawling border with Mexico means it will be especially harmed.....snip~

Nearly half of U.S. states now suing President Obama over immigration order | Fox News Latino
 
What a mess, I suspect things will only get worse.
 
What a mess, I suspect things will only get worse.



The Congress not only has been castrated, they have actually done the operation themselves and sent the amputated portions to the White House for the tender mercies of the Executive Branch.

Except that it is our country that they have destroyed, they deserve the lack of power they currently bemoan.
 
Can't they just somehow attach a tax penalty to it? Voila! Then it's constitutional!
 
Can't they just somehow attach a tax penalty to it? Voila! Then it's constitutional!

Heh, well that's only if congress does it. The POTUS can't levy taxes.
 
Hah! That's what you think! This president does what he wants!

Really? You think it's OK for Obama to bend the Constitution, but not OK for Bush to do the same? Isn't that a bit hypocritical?
 
Who said any of that?

"Hah! That's what you think! This president does what he wants!"

Were you just being tongue in cheek when you said that?
 
BREAKING: Federal judge finds Obama amnesty is unconstitutional

A federal judge has found parts of President Obama’s new deportation amnesty to be unconstitutional, issuing a scathing memo Tuesday accusing him of usurping Congress’s power to make laws, and dismantling most of the White House’s legal reasoning for circumventing Congress.

Judge Arthur J. Schwab, sitting in the western district of Pennsylvania, said presidents do have powers to use discretion in deciding how to enforce the law, but said Mr. Obama’s new policy goes well beyond that, setting up a full system for granting legal protections to broad groups of individuals. He said Mr. Obama writing laws — a power that’s reserved for Congress, not the president.

“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,” Judge Schwab wrote.

The judge also said the policy allows illegal immigrants “to obtain substantive rights.”


Read more: Obama amnesty is unconstitutional, federal judge finds - Washington Times
Follow us: @washtimes on Twitter

So here we go....Constitutional chaos...Ain't Obama great?
 
Yup, this case is going to SCOTUS.

Article is here.

That case isn't going anywhere. Its completely unrelated to the lawsuits challenging the executive action. This was just a judge who asserted his opinion on an issue completely unrelated to the case he was deciding.
 
Re: BREAKING: Federal judge finds Obama amnesty is unconstitutional

So here we go....Constitutional chaos...Ain't Obama great?
And constitutional chaos at it's finest. This is completely absurd. Not only is he basically trying to grant the executive branch more power than it already has, he's completely corrupting our checks & balances system. He's like an impulsive child not thinking about the consequences of his actions.
 
Re: BREAKING: Federal judge finds Obama amnesty is unconstitutional

I don't see this going anywhere. Its painfully obvious that the Judge abused his authority so he could throw his two-cents in on a completely unrelated issue from the case he was supposed to be deciding. Homeland Security told the Court that the defendant was unlawfully present in the United States and the defendant plead guilty to unlawful re-entry. He was ready to take his lumps and neither side said anything about this executive action until the Judge ordered the Government and Defendant's counsel to submit arguments about it and invited amicus briefs to do the same.
 
Re: BREAKING: Federal judge finds Obama amnesty is unconstitutional

This is where we start saying "activist judge," right?
 
Re: BREAKING: Federal judge finds Obama amnesty is unconstitutional

If it were the DC Court Obama might be in trouble. But, we'll have to keep and eye on it anyway.
 
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