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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BACKSTORY In a major suck-up to illegals, Obama "announced" he was issuing
an E/O and planned a "signing ceremony" at a Las Vegas gathering of illegals.
E/O and signing ceremony never happened. Obama was photoed signing "memos" on AF One---not an "executive action." Why? B/c an E/O comes w/ legal baggage that the conniving Boobamba wanted to evade. Both "memos" are now on the Whitehouse website.
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The first of Obama's presidential action memos is entitled: “Creating Welcoming Communities Fully Integrating Immigrants and Refugees,” filed Nov. 26 in the Federal Register at Vol. 79, No. 228, (http://www.gpo.gov/fdsys/pkg/FR-2014-11-26/html/2014-28191.htm).
In the category “Presidential Documents” at page 70769, Obama ordered a White House Task Force on New Americans to “engage with community, business, and faith leaders, as well as State and local elected officials.” The task force is designed to “help determine additional steps the Federal Government can take to ensure its programs and policies are serving diverse communities that include new Americans.”
The second of the presidential actions entitled, “Modernizing and Streamlining the U.S. Immigration Visa System for the 21st Century,” filed Nov. 26 in the Federal Register at Vol. 79, No. 228, in the category “Presidential Documents” at page 70765 (http://www.gpo.gov/fdsys/pkg/FR-2014-11-26/html/2014-28191.htm).
This empowered the secretaries of State and Homeland Security, in consultation with the director of the Office of Management and Budget, the director of the National Economic Council, the assistant to the president for homeland security and counterterrorism, the director of the Domestic Policy Council, the director of the Office of Science and Technology Policy, the attorney general, and the secretaries of Agriculture, Commerce, Labor and Education.
The order was to make a series of recommendations “to reduce government costs, improve services for applicants, reduce burdens on employers, and combat waste, fraud, and abuse in the system” of issuing immigrant and non-immigrant visas.
Read more at http://www.wnd.com/2014/12/amnesty-shocker-the-secret-behind-obamas-order/#4OPdzIoJFRwXopUU.99
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The scam works this way: signed Boobamba memos "delegate" to federal agencies orders to come up with plans (that must advance Boobamba's global conspiracy to overthrow the US govt w/ Third World federales and their cadres jumping the US border).
The federal agencies then "invent" Committees to do this (the better to overthrow the US govt). Then "Administrative Rules," after a comment period, will be published in the "Code of Federal Regulations," which magically turns them into law........ using federal fairy dust.
So Boobamba is shielded from responsibility---he doesn't have to take the hit. Behind closed doors, he tells federal factotums what he wants.....and faster than you can say "the combo plate w/ extra hot sauce".....the overthrow of the US govt commences.
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THE "DELEGATION" HORROR STORY--A Federal agency MO since 1946. It's down to a science: (1) publish a Notice of Proposed Rulemaking (NPRM), (2) make the comment period really short, (3) stonewall any negative comments, and, (4) publish the rule, which (5) NOW has the force of US law. No Congressman was ever involved, and Boobamba doesn't leave his DNA on it. Yet again, why "Delegation" is ominous for liberty---why the writing of administrative law by federal agencies - is un- Constitutional (hat tip to FReeper Regulator.)