Posted on 11/20/2014 8:01:20 AM PST by SeekAndFind
Mickey Kaus makes an interesting argument that, contrary to the conventional wisdom, the Supreme Court may act on the lawsuit John Boehner is planning to file, and reverse President Obama’s planned executive action on amnesty:
With Obama’s executive amnesty imminent, anonymous White House aides are cockily dismissing John Boehner’s threatened lawsuit against it as a stunt. Even among opponents of executive amnesty — and I’m with them — there’s a tendency to pooh pooh the suit. It’s a loser, it will take forever to decide, it’s an attempt to ‘redirect Republican rage’ away from budgetary remedies like denying funding, etc.
Not so fast. I’m all for giving defunding a try — also holding up appointments — but don’t sell the lawsuit short. I’ll even go so far as to lay down an Yglesias style marker: If Obama’s executive action is as broad as described, the Supreme Court will strike it down.
Kaus readily admits that he hasn’t researched the legal technicalities. He dismisses these as useful for writing an opinion, but not necessarily the real reason behind many important Supreme Court decisions.
As state court judge Richard Neely argued in his revealing book, How Courts Govern America, there’s often a show rationale for a decision (embodied in the court’s opinion) and the real rationale. The real rationale isn’t necessarily bogus or partisan or otherwise “result oriented.” It’s just unstated. (snip) The U.S. Supreme Court, in particular, is likely to feel a duty to intervene to preserve balance in the Constitutional system. And when conscientious judges see a need to intervene for some such intuitive, system-preserving reason, it seems like they’find a way to do it, even if it requires bending the technicalities and the show rationale to accomplish that purpose.
(Excerpt) Read more at americanthinker.com ...
“may invalidate” ???
Leaving aside the immense Constitutional problems it is on it’s face AGAINST THE LAW!
“PUBLIC LAW 101-649—NOV. 29, 1990
SEC. 302
...(g) EXCLUSIVE REMEDY.—Except as otherwise specifically pro- vided, this section shall constitute the exclusive authority of the Attorney General under law to permit aliens who are or may become otherwise deportable or have been paroled into the United States to remain in the United States temporarily because of their particular nationality or region of foreign state of nationality.”
They have to at least issue an injunction immediately.
The case will be mooted before any decision is ever reached but the injunction is unavoidable for statutory reasons (yes, IMO).
I understand the Executive Order is to “go into affect” this December. I am sure Obama already has a funding source. How soon can they really act?
The pertinent thing for Americans to do, would be to go protest and restrict access to the offices where these illegals are supposed to show up with their creds for Amnesty (of themselves, their children, parents, guardians or friends.)
As a side note, I think it pertinent to explain what an illegal thinks is family. As it was explained to me, our government has no way to verify who is family and who is not. We don’t have access to Mexican government records. So one illegal aquaintence of mine, claims several dependents as “family” on his taxes every year. They are his dependents because he sends them money in Mexico. They all have SS#. In fact, his dependent children use the SS# shared by hundreds of others. He admits, however, he does not know the kids or where they live. This conversation started when he made a comment about his tax return and what he was spending it on. I did give him a lecture and may have sent a note to some governing authority. (I can’t say for sure on the internet because that might be construed as something illegal.)
This is how the scam works after Amnesty or the “Dream Act” is passed. They are granted permission to stay, or a promise not to be deported as long as they have “family” “legally” residing in the USA.
Maybe we are stupid.
Obama care is just as unconstitutional and the chief justice couldn’t even find the 10th Amendment.
Hi Onyx. Glad to see you! :)
BWAHAAHAAAAAHAHAHA!!!
(thump)
(roll)
TODAY MY WALLET SLAMS SHUT!
Like most here on Free Republic, I call my representatives, who don’t listen to me.
I vote, I pay my taxes, I obey the laws, and I am a good, loyal citizen.
None of that makes a difference.
I am not going to take up arms. I am not going to march. I am not going to go on strike from work.
AND I AM NOT GOING TO SPEND A DAMN CENT THAT I DON’T ABSOLUTELY HAVE TO!
I will eat from my preps. I will only travel to and from work.
I propose a BROWN FRIDAY.
No Christmas presents, not Christmas Cards….NADA.
Thanksgiving dinner will be from our store of preps.
Please join me in this quiet revolution. If enough clamp down on spending now, we may make enough of an impression that even the Chamber will understand WHO really runs America.
Worst that can happen is we will have more cash available should we need it for more drastic action.
I don’t think there’s any “reversing” this once it’s enacted.
_____________________________________
Me neither. They were too Chicken Bleep to rule on Obama’s qualification to be the president. They were too Chicken Bleep to rule ObamaCare was unlawful. Too Chicken Bleep to hear the unlawful actions of lower courts overturning state laws against queer marriages, and if Executive Amnesty is unilaterally passed by Obama without House and Senate votes?
They (SCOTUS) will be too Chicken Bleep to voice an opinion there also. Obama knows this and is counting on this.
Oh brother, there’s always something that allows this Anti Christ to get away with fraud and damn this country to hell.
Why not?
Any previously issued executive order can be rescinded by another executive order. A new President can simply render all of his predecessor's EOs null and void with the stroke of a pen. Illegals who get "green cards" will be in the system if they accept Obama's amnesty -- simple to track down.
The SCOTUS may realize that unless 0bama is stopped here, there would be little to prevent 0bama or a future POTUS from placing armed guards around the Supreme Court building to keep the justices out. Or just directing the Treasury to not write salary checks to the justices and their clerks. Or just disregarding their opinions in the same way as disregarding Congress.
Hey Beautiful!
Thank you so much!
GOOD to see you, too!!
That brings up another question. Is 0bungler going to build a website for them to sign up on?
Bwaaaaahahahahaaaaa!
Correct.
We The People grant authority to Congress.
Either chamber, the House or the Senate, can shut it all down.
All either one of them has to do is “do nothing”.
Convene, tell a few jokes, have lunch, adjourn, and go home.
The entire federal government then comes to a screeching halt.
” I don’t think there’s any “reversing” this
once it’s enacted.”
Only citizenship can’t be reversed. You can revoke a geen card.
I agree. Maybe a smidgen of hope.
I do think we will see a lawsuit, and that lawsuit could invalidate the executive order very quickly.
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