Federal District Court rules Barack Obama’s Executive action on immigration is partly unconsitutional
Earlier today a Pennsylvania Judge, Arthur Schwab, ruled that a portion of Barack Obama’s Executive Action on immigration was unconstitutional.
Here is more:
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.
This of course is only the beginning of what will be a years long battle in the court system, meaning that when a final decision is finally issued and the case is adjudicated it will be too late anyway so take this for what it is worth.
All that can be gained by fighting this in the courts is scoring a political victory which may or may not be able to be used in the 2016 election. The only way a real victory could possibly be obtained is by fighting this in the Congress and even then I do not think it is possible–even if John Boehner wanted to fight it.
America's Watchtower 
I fear we have a losing hand on this one. Still, a victory is a victory. P.S After listening to Levin on Friday, you may have been right about Cruz. Reid was going to pass this Judge nominees anyway. He would not have left all of them off the table.
Read it and weep.
http://news.yahoo.com/senate-may-confirm-88-federal-judges-081757009–politics.html?soc_src=mediacontentstory&soc_trk=tw
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I know I should be happy at this small victory but I cannot bring myself to find it here, I guess I have just been beaten down, which is what the left is trying to do. I must not fall into the trap.
I honestly believe the smear campaign against Cruz is coming from the establishment Republicans because they want to take him down a notch.
Thanks for sharing that article!
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I share your feelings Steve, but sometimes you fight just because it is the right thing to do.
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Exactly, and I will keep on until the bitter end!
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At some point you have to wonder if the establishment Republicans hate Cruz more than the Democrats do, don’t you? It seems that way. I am tired of the infighting going on in the Republican party, they are acting like little children. Any of us could do a better job at running this country.
We, on the most part, are logical thinkers, they are letting “money” call the shots.
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I think it goes beyond hate, I think they fear he could be a presidential contender and they want an establishment guy like Jeb so they must knock him down.
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Reblogged this on Cold Dead Hands Days and commented:
Blob blah blab blah blah,.. a bunch of talking heads all talk no action?!!
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Thank you.
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Reblogged this on A Conservative Christian Man.
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Thank you.
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Maybe Obama will run for President of Mexico next. Then work his way up to Emperor of South America.
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Maybe we will have a couple of weeks of peace with him on his so called vacation. As if every day isn’t one.
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I have no problem with him going on vacation and in fact wish he would go on a permanent one!
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At our cost, of course. We cannot spend 12 million on the VA, but we can foot the bill on a 11 million dollar vacation. I mean, a man has his priorities, doesn’t he? Is it the well being of a few outweigh the well being of many? Hmmmm. He is such a caring man!
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Yeah, he has priorities alright and they are not in the best interest of the American people!
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President of the UN, that is his goal!
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Jim, he is playing nice with Cuba now, as well! To me, all it means is us giving more money to those that do not deserve it.
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Well at least we might finally be able to find out if Cuban cigars really are better than the rest. I have always found it hard to believe they could be that much better. But yes, it is only a matter of time before we start giving billions of dollars to Cuba and start letting them emigrate to the United States and that is what this is really about. It is an extension of his Executive amnesty.
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EXACTLY! Now that he has screwed his own country, he needs some new friends, AND A GOOD CIGAR!
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Bill can tell him where to get one…
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Sorrry to return discussion to the OP, but has anyone noticed that neither the prosecution nor the defense in the criminal trial in which Justice Schwab presided raised the President’s EOs? And that the EOs clearly did not apply to the kind of case before the Judge.
That is to say, Schwab offered an opinion for which nobody asked.
Here’s an interesting piece in Forbes on the subject: http://www.forbes.com/sites/rickungar/2014/12/17/federal-judge-declares-obama-immigration-executive-order-unconstitutional-problem-is-nobody-asked-for-his-opinion/
Does this mean that from now on, federal judges will be free to pass judgment on other issues not before them? What’s to stop a judge hearing a tax evasion case from declaring the ACA unconstitutional? Or invalidating Citizens United?
Sorry, I don’t think this is so much a victory as an embarrassing mis-step by the judge.
Take good care and may God bless us all!
TGY
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I hadn’t read that before, thanks for sharing it. That is troubling and could set a bad precedent. I was wondering how this got to the court so quickly and now I know. I do not think the was to oppose this action is through litigation because by the time it is decided it will be years down the road and much too late to do anything. However it could be used to define the limits of Executive actions in the future.
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