Obama’s attacks on America’s immigration laws are “undermining the very rule of law upon which our nation was founded and upon which its greatness depends,” said the Alabama Republican.
Sessions has put together an exhaustive 50-page report in the form of a detailed timeline that catalogs Obama’s specific assaults on the U.S. immigration system since becoming president. Some conservatives say Obama is deliberately flooding the U.S. with illegal aliens as a means of generating future Democratic Party voters.
The history lesson from Sessions comes as Republicans attempt to overcome a Democratic filibuster of a House-passed Department of Homeland Security bill that blocks President Barack Obama’s executive amnesty............." -- More: Sessions: Obama Dismantling the Immigration System
Bookmark for later.
This type of very detailed, considered opinion is very hard to overturn, because higher courts can’t just waft it away, but have to address every single point with overwhelming legal logic, or the higher court above them will waft *their* arguments away.
Specifically, the 26-states argued the fact that DACA winners can get jobs with US companies and not be counted toward the 50-employee threshold, and the reasonable expectation that DAPA winners will do likewise, make DACA/DAPA employees more desirable than citizen employees.
Inasmuch as the ruling doesn’t affect Obamacare, the exemptions to Obamacare do, in fact, affect the plaintiffs’ standing. (hat tip TXHURL)
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REFERENCE In his ruling on Monday that upended plans to shield millions of people from deportation, U.S. District Judge Andrew Hanen avoided diving into sweeping constitutional questions or tackling presidential powers head-on. Instead, he faulted Obama for not giving public notice of his plans. The failure to do so, Hanen wrote, was a violation of the 1946 Administrative Procedure Act, which requires notice in a publication called the Federal Register as well as an opportunity for people to submit views in writing.
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WE NEED TO GO THIS ROUTE: Rhonda Cook one of the ace Atlanta Journal Constitution reporters bird-dogged the corrupt Atlanta teachers story.
Cook reported that the 1980 Georgia General Assembly was concerned about “the increasing sophistication of various criminal elements on the public payroll.” The Assembly then adopted the Racketeer Influenced and Corrupt Organizations Act (RICO), patterned after a similar federal law.
(RICO is often used to try to prove that a legal business was being used for illegal means, and, in at its inception, RICO was used to prosecute drug traffickers or organized crime members).
In recent years prosecutors have applied RICO to government officials accused of using their offices for personal gain---he activites of former and current Atlanta public school officials.
To bring a case under Georgia’s RICO law, there must be at least two underlying felonies — such as fraud, bribery, witness tampering (among other felonies).
RICO allows prosecutors to include multiple defendants charged with various crimes in the blanket indictment, and to charge that govt employees, publicy-funded and publicly-traded entities were allegedly part of an ongoing criminal enterprise...
......such as local govt welfare offices accepting falsified documents, state and/or county public assistance programs, education funding agencies expending tax funds illegally, voter registration agencies accepting falsified documents, lending/banking/credit card companies, and the like.
Bttt
Even if the administration complies with the notice-and-comment process of the APA — ****unlikely with only 20 months until the next election ****— such a broad policy of non-enforcement would still run afoul of the Take Care clause.