Posted on 04/18/2016 10:40:25 AM PDT by jazusamo
This can’t be true...the Court found something they shouldn’t have the last word on?
What happens if it is 4-4?
Ping!
In a tie, the prior lower court ruling stands...which would be the correct ruling.
But with the death of Justice Antonin Scalia, the eight-member court could deadlock 4-4. That would leave the appeals court’s decision in place, which would be a victory for Mr. Obama’s opponents.
A tie ruling, though, would also mean the court wouldn’t issue a definitive statement on Mr. Obama’s claims of power. That would leave for a future court the question of just how far a president can go to shape or, as Mr. Obama said, to “change” the law on his — or her — own.
It reverts to the appeals court decision which was in favor of Texas.
whatever the appeals court ruled would stand.
I’m just spit balling here but could it be that Kennedy (known sometimes for sometimes counterintuitive against the liberal line of thinking biasing towards fairness) is just thinking “eventually I’m going to have to stand tall at the gates and admit the truth of what I’ve done?”
the lower court ruling — which froze nearly all aspects of the executive order — remains in effect
It’ll be a loss for now for 0bama, the appeals court ruled against him so this will come up again when there’s nine Justices.
If Scotus sides with Obama, then they have said that Congress is irrelevant, that the executive creates legislation from thin air.
They should watch out, though, because it means they also are ruling against their own real exercise of authority.
The appeals court ruling against Obama stands
“Demanding legal status.” ... Demanding.
“It’s as if the president is setting the policy and Congress is executing it. That’s just upside-down,” said Justice Anthony M. Kennedy,
*****************************
A little honesty...............
The Court of Appeals’ decision stands but cannot be cited as precedent, meaning Obola will be blocked, but a future president can still attempt legally to do the same thing.
The lower court finding stands. A victory for Texas and their fight against illegals.
The Leftist robots on the court will vote whichever way present politics dictates
The lower court ruling stays
Reading in between the lines, it looks like the liberal Supreme court Justices would rather not hear the case because they couldn’t rationally find justification for allowing Obama to usurp the role of Congress.
Prediction: 5-3 to uphold the appeal courts decision.
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