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Supreme Court split on Obama amnesty; Kennedy: Policy ‘just upside-down’
The Washington Times ^ | April 18, 2016 | Stephen Dinan

Posted on 04/18/2016 10:40:25 AM PDT by jazusamo

The Supreme Court divided deeply Monday over President Obama’s deportation amnesty, with conservative justices saying the White House was trying to steal Congress’s law-making powers, and liberal justices suggesting the court should stay out of the fight altogether, leaving the president with a free hand.

Outside the court, thousands of Hispanic-rights protesters rallied, demanding legal status from the courts and vowing political retribution on Congress — and Republicans in particular — if Mr. Obama loses his case.

Inside the courtroom, however, the argument was lower-key, with the justices sparring with lawyers over the tricky interplay between the law, federal regulations and Mr. Obama’s hopes of shielding most illegal immigrants from deportation.

“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, who is expected to be an important voice as the court decides what to do.

(Excerpt) Read more at washingtontimes.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Front Page News; News/Current Events; US: New York; US: Texas
KEYWORDS: 2016election; aliens; amnesty; antoninscalia; districtofcolumbia; election2016; executiveaction; illegals; newyork; obama; obamaamnesty; obamaillegals; scalia; scotus; scotusamnesty; scotusillegals; sotus; stephendinan; texas; trump; washingtoncompost; washingtonpost
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1 posted on 04/18/2016 10:40:25 AM PDT by jazusamo
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To: jazusamo

This can’t be true...the Court found something they shouldn’t have the last word on?


2 posted on 04/18/2016 10:42:11 AM PDT by gogeo (Donald Trump. Because it's finally come to that.)
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To: jazusamo

What happens if it is 4-4?


3 posted on 04/18/2016 10:42:40 AM PDT by tbw2
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To: BuckeyeTexan

Ping!


4 posted on 04/18/2016 10:42:56 AM PDT by jazusamo (Have YOU Donated to Free Republic? https://secure.freerepublic.com/donate/)
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To: tbw2

In a tie, the prior lower court ruling stands...which would be the correct ruling.


5 posted on 04/18/2016 10:44:29 AM PDT by alancarp (There are not enough laxatives in the world to cure that what ails Democrats.)
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To: tbw2

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.


6 posted on 04/18/2016 10:44:39 AM PDT by A_Former_Democrat (This household proudly voted for TRUMP)
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To: tbw2

It reverts to the appeals court decision which was in favor of Texas.


7 posted on 04/18/2016 10:44:39 AM PDT by xzins ( Free Republic Gives YOU a voice heard around the globe. Support the Freepathon!)
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To: tbw2

whatever the appeals court ruled would stand.


8 posted on 04/18/2016 10:44:51 AM PDT by TexasFreeper2009 (You can't spell Hillary without using the letters L, I, A, R)
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To: gogeo

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?”


9 posted on 04/18/2016 10:45:22 AM PDT by Gaffer
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To: tbw2

the lower court ruling — which froze nearly all aspects of the executive order — remains in effect


10 posted on 04/18/2016 10:45:44 AM PDT by JohnBrowdie (http://forum.stink-eye.net)
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To: tbw2

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.


11 posted on 04/18/2016 10:46:28 AM PDT by jazusamo (Have YOU Donated to Free Republic? https://secure.freerepublic.com/donate/)
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To: gogeo

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.


12 posted on 04/18/2016 10:47:20 AM PDT by xzins ( Free Republic Gives YOU a voice heard around the globe. Support the Freepathon!)
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To: tbw2

The appeals court ruling against Obama stands


13 posted on 04/18/2016 10:48:14 AM PDT by Lurkinanloomin (Know Islam, No peace - No Islam, Know Peace)
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To: jazusamo

“Demanding legal status.” ... Demanding.


14 posted on 04/18/2016 10:48:40 AM PDT by cld51860 (Volo pro veritas)
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To: jazusamo

“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...............


15 posted on 04/18/2016 10:50:09 AM PDT by Lurkinanloomin (Know Islam, No peace - No Islam, Know Peace)
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To: tbw2

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.


16 posted on 04/18/2016 10:50:36 AM PDT by libstripper
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To: tbw2

The lower court finding stands. A victory for Texas and their fight against illegals.


17 posted on 04/18/2016 10:50:51 AM PDT by pfflier
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To: jazusamo

The Leftist robots on the court will vote whichever way present politics dictates


18 posted on 04/18/2016 10:50:53 AM PDT by PGR88
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To: tbw2

The lower court ruling stays


19 posted on 04/18/2016 10:51:26 AM PDT by hoosiermama (W1240 (a couple extra to boot) Under budget. Ahead of schedule! Go TRUMP)
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To: jazusamo

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.


20 posted on 04/18/2016 10:51:46 AM PDT by Fhios (Going Donald Trump is as close to going John Galt as we'll get.)
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