This legal scholar proves that you bad old Freepers have no reason to complain about the Royal Idiot's amnesty program.
Posted on 02/19/2015 1:36:38 PM PST by 11th_VA
When I first heard that Judge Andrew Hanen had blocked President Obama’s executive order granting lawful status to as many as five million illegal immigrants, I was inclined to downplay the ruling’s significance. Judge Hanen is an able jurist, but a conservative one, and only a district court judge. The opinions that truly matter will be rendered by less conservative judges further up the ladder.
That’s still, perhaps, the best way of looking at it. But the quality of the arguments isn’t always irrelevant to the outcome of cases of enormous political moment. And the arguments Judge Hanen makes are quite strong.
As Michael McConnell points out, Hanen did not rest his decision on the Obama administration’s refusal, as an alleged act of prosecutorial discretion, to enforce the ban on staying in the U.S. illegally as applied to millions of illegal immigrants. Rather, his ruling is confined to the most egregious feature of the executive order — the grant to illegal immigrants of work authorization and benefits. Granting these sorts of affirmative favors has never been a matter of prosecutorial discretion, nor can it sensibly be viewed as such.
Administration lawyers stressed that Presidents Reagan and Bush 41 granted temporary status to certain classes of aliens without statutory authority. Judge Henen responded that these actions were never reviewed in court, and that past executive actions cannot serve as precedent for future expansions of executive power.
In addition, Judge Hanen was easily able to distinguish past executive actions in favor of illegal immigrants from Obama’s. The prior instances involved small categories of aliens to whom Congress had granted special status and who merely needed a brief temporary bridge so they could take advantage of the status Congress provided. Here, by contrast, millions of aliens are granted a change of status they are not eligible for under any provision enacted by Congress.
McConnell concludes that, given the narrowness of the decision and the quality of its reasoning, “it will not be easy for the administration’s lawyers to persuade those courts that Judge Hanen got the law wrong.”
I’m less confident of this, but more confident than I was before I read the opinion and Judge McConnell’s column.
Only if one has confidence in the integrity of the judiciary.
I certainly do not.
Not if the GOPe & Jeb have anything to say on the issue!
The 5th tends to skew conservative.
The sustain rate of appeals is over 80% in appellate courts.
Obama has got his thugs working 3 shifts, printing phony documents. He knows the((Establishment) Republicans want amnesty. He has no fear, because there is nobody to fear. Yesterday, Obama ordered the Border Patrol not to arrest DUI illegal immigrants. I haven’t heard a peep out of the R’s all day.
But I'm sure some leftwing activist judge will try.
This legal scholar proves that you bad old Freepers have no reason to complain about the Royal Idiot's amnesty program.
I certainly do not.
I don't either. I wonder if the judge has gotten a letter from the IRS yet?
“The sustain rate is over 80% in Appellate Courts.”
At least its not going to the 9th Circuit.
I thought of a simple analogy for this:
Prosocutorial discression is catching a guy driving without a license, but sending him driving on his way without a ticket.
What Obama did was give the guy a license before sending him on his way.
Completely different thing.
Then they fish for some obscure judge on their payroll to overturn, and ask you to then comply to the more current decision, after all, are you not lawful?
Obama does everything in Secret
Lord please let the stars align !
Sounds like Obama Admin is in trouble ...
If it is handled as a legal issue, it appears so. If it is handled as a political issue, or if blackmail/extortion is involved, probably not.
.
>> “If it is handled as a political issue, or if blackmail/extortion is involved...” <<
.
You mean like everything in the good ol’ USA is handled?
.
I have a strong feeling that emperor Hussein is planning on proceeding, even if the Courts order him to desist.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.