BREAKING: Federal judge finds Obama amnesty is unconstitutional

The Washington Times ^ | December 16, 2014 | Stephen Dinan

[jazusamo]

A federal judge has found parts of President Obama’s new deportation amnesty to be unconstitutional, issuing a scathing memo Tuesday accusing him of usurping Congress’s power to make laws, and dismantling most of the White House’s legal reasoning for circumventing Congress.

Judge Arthur J. Schwab, sitting in the western district of Pennsylvania, said presidents do have powers to use discretion in deciding how to enforce the law, but said Mr. Obama’s new policy goes well beyond that, setting up a full system for granting legal protections to broad groups of individuals. He said Mr. Obama writing laws — a power that’s reserved for Congress, not the president.

“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.

The judge also said the policy allows illegal immigrants “to obtain substantive rights.”

The memo came as part of a deportation case before the judge, and Judge Schwab’s order does not invalidate the president’s policies. But it serves as a warning shot as other direct challenges to the new amnesty begin to make their way through the courts.

[MrB]

He’ll just do it anyway.

[ThePatriotsFlag]

Agree, but it’s better than some of the “starts” we’ve gotten in the past.

[jazusamo]

Yep, but it’s a start.

[PROCON]

Good!

I demand that U.S. Federal Marshalls usher Mr. Obama out of the white house and be charged with High Crimes and Misdemeanors....I can wish...

[Uncle Miltie]

You and what army, Your “Honor”?

(Love the ruling, expect 0bambi to totally ignore law, constitution, citizenry, etc.)

[gov_bean_ counter]

...and now the 23 or so Pubbie Senators who voted against Cruz's point of order really look stupid.

[Oliviaforever]

“The memo came as part of a deportation case before the judge, and Judge Schwab’s order does not invalidate the president’s policies.”

This is a news story about nothing.

[spokeshave]

[Red Badger]

SCOTUS here we come..............

[MaxMax]

If this doesn't give the House reason to stop this mess, nothing will.
They just got their fighting orders. Oh what will Boehner do, /ponders

[skinkinthegrass]

*

[Obama_Is_Sabotaging_America]

I would much rather see Barry ushered out of the WH by the U.S. Navy SEALs in full regalia, cable ties and all. Oh wait, the batch most likely to execute that mission were all taken down in ONE helicopter back in Aug 2011 (Extortion 17).

[ground_fog]

The RHINOS will pass whatever he wants next month..just watch..they will save him

[fedupjohn]

Ping

[MrB]

Eh? What are you talking about?

Most of the HR gopers WANT amnesty.

[jazusamo]

Good point.

[bert]

I would argue the twenty three see history as a process rather than event.

The process continues with much better chance of favorable results beginning in January

Senator Cruz made his point. There are presently a twenty two. With four more from the new batch there are twenty six......

That was Senator Cruz’s message

[navyguy]

Liberals are already cooking up ways to piss on this decision and get this judge removed (read: disappeared).

[gov_bean_ counter]

Good point.