Fed judge says executive action is unconstitutional while Dem senators snipe that he's 'wrong'

The London Daily Mail ^ | December 16, 2014 | David Martosko

[2ndDivisionVet]

* Bush-appointed jurist rules the White House 'amnesty' plan is an example of legislation – something only Congress can do
* Democratic U.S. Senators Dick Durbin and Richard Blumenthal sniped to MailOnline that Schwab is 'wrong' and made 'an incorrect decision'
* Judge dismissed administration's claim that it is using 'prosecutorial discretion' to decide which illegal immigrants it will stop deporting
* 'President Obama's unilateral legislative action violates the separation of powers provided for in the U.S. Constitution,' judge Arthur Schwab ruled
* GOP Senator John Thune said Obama hadn't yet 'got the message' about his party's stinging November election defeat

President Barack Obama's new plan to spare 4.7 million illegal immigrants from the threat of deportation violates the U.S. Constitution, a federal judge declared on Tuesday, handing down the first legal ruling against the plan.

Judge Arthur Schwab's ruling has no immediate impact, since the Obama administration says there was no reason for his Western District of Pennsylvania court to address the issue in the case, which concerns the legal status of 42-year-old Honduran immigrant Elionardo Juarez-Escobar.

Schwab is the first judge to rule on the legality of the plan Obama announced on Nov. 20. The executive action by the Democratic president is opposed by Republicans and has already been legally challenged by two dozen U.S. states.

'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....

[2ndDivisionVet]

Full title: Federal judge says Obama executive action on immigration is unconstitutional while Democratic senators snipe that he's 'wrong'

[Secret Agent Man]

Maybe someone ought to remind the democrats to shut up about other branches of govt when they tell the other branches of govt to shut up about them.

I am so sick of libtards of all stripes, at all levels, in all professions. They are just a bunch of hypocrite liars.

[Olog-hai]

Democratic U.S. Senators Dick Durbin and Richard Blumenthal …

. . . should be seeing the inside of a federal prison right now instead of being champions of lawlessness inside what is supposed to be the very institutions protecting the rule of law. Oathbreakers at the very least.

[MUDDOG]

Of course the Dem senators would say that, but more important, so would the judges they rammed through under the nuclear option.

We've got our work cut out for us.

[VerySadAmerican]

GOP Senator John Thune said Obama hadn’t yet ‘got the message’ about his party’s stinging November election defeat

Neither has Thune’s party.

[jonrick46]

When the Executive Branch violates the Constitution, it is up to the Legislative Branch to uphold the Constitution. The officers of the Legislative Branch have under oath said,

“I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God.”

It is the obligation of the other U.S. Senators to issue penalties to those who fail to uphold that oath. This is no free speech issue. These Dem Senators are calling for a breech of the Constitution which is the same as calling for the burning of Washington D.C. down. This is sedition and these Senators should be called out for it by the rest of the Senate. It is we the people who demand it of them.

[Carry_Okie]

Where is the injunction?

[2ndDivisionVet]

At the link. We cannot post whole articles from there.

[Cololeo]

One of the most cynical and deceitful aspects to all of this is where the president’s lawyers argue to Judge Schwab that in fact the president did not grant amnesty through executive action. No new or special rights were granted to the illegal aliens Mr. Obama now says are free to stay in the USA. No, his lawyers argued, those granted amnesty could still be deported “at any time.”

So which is it?

[Carry_Okie]

The word “injunction” is not found at the link, nor is there discussion of a judicial “order.” It’s one thing to issue a finding; it is quite another to issue an order pursuant to the finding. I await a legal order that precludes the issuance of Social Security numbers to illegal aliens. An opinion is not enough, although this ruling may justify injunctive relief.

[2ndDivisionVet]

[Jacquerie]

Mark Levin recently told a meeting of state legislators that they had a similar duty, that being to apply for an Article V convention to propose structural amendments to the constitution.

[Hostage]

This is not the injunctive lawsuit that Arpaio has filed nor the 24 State (Abbott) Injunctive lawsuit (https://www.texasattorneygeneral.gov/files/epress/files/20141203ImmigrationExecutiveOrderLawsuit.pdf).

Arpaio filed a Motion for Preliminary Injunction in the DC Circuit Court (http://www.freedomwatchusa.org/pdf/141204-FINAL%20Motion%20for%20Preliminary%20Injunction.pdf) and has won Fast Track status and will be heard December 22, 2014 (Next Monday from today’s date;http://www.freedomwatchusa.org/dc-federal-court-orders-expedited-preliminary-injunction-hea).

This judge was hearing a case of an illegal and hearing arguments as to why he could not be deported. But his ruling reinforces the Amnesty lawsuits of Arpaio and Abbott.

[Excellence]

http://www.usatoday.com/story/news/politics/2014/12/16/obama-presidential-memoranda-executive-orders/20191805/

Was top headline at Drudge this morning.

[HiJinx]

Note to the Daily Mail headline editor - you misspelled ‘Dim’.