BREAKING: FEDERAL JUDGE STRIKES BLOW AT OBAMA EXECUTIVE AMNESTY

Powerline blog ^ | DECEMBER 16, 2014 | Steven Hayward

[amnestynone]

the top 14 “movers and shakers” in health care in 2014 because his legal analysis led to the upcoming Supreme Court case on Obamacare’s state subsidies that may blow the ACA sky high. Anyway, Jon flags a U.S. District Court opinion out this morning that finds Obama’s immigration executive action exceeds the proper understanding of “prosecutorial discretion”:

According to the opinion by Judge Arthur Schwab, the president’s policy goes “beyond prosecutorial discretion” in that it provides a relatively rigid framework for considering applications for deferred action, thus obviating any meaningful case-by-case determination as prosecutorial discretion requires, and provides substantive rights to applicable individuals. As a consequence, Schwab concluded, the action exceeds the scope of executive authority.

This is the first judicial opinion to address Obama’s decision to expand deferred action for some individuals unlawfully present in the United States.

[amnestynone]

At least one Judge isn't buying Obamas crap.

[MeshugeMikey]

and so it begins.....

[timestax]

ping

[DJ Frisat]

No problem. There’s plenty of other Federal judges for appeal, unless Obama acts true-to-form and just ignores this ruling.

Nice to be able to appoint judges, isn’t it, Barry?

[gov_bean_ counter]

... and the Senators who did not vote for Cruz's point of order are shown (at least for the moment) to be on the wrong side of the Constitutional battle.

[DoughtyOne]

I like his argument. It’s an angle I hadn’t thought of, and it may wind up being very powerful.

[MeshugeMikey]

these people have to be reigned in and shown the door

[gov_bean_ counter]

Agree.

[timestax]

[Obadiah]

Wait ‘till the 9th Circus Court gets it. They’ll fix it for Obama.

[b4its2late]

[Uncle Miltie]

I’d be with Laz on that one.

[sheikdetailfeather]

Mark Levin just posted this article on twitter:

http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/12/16/district-court-declares-obama-immigration-action-unconstitutional/

[skeeter]

According to the vote on the vote Ted Cruz forced, 23 republicans senators disagree with the judge.

The veil is being torn away.

[forgotten man]

That is a picture of the Canadian crossing on I-5 passing through Camp Pendelton. Who ever heard of a Mexican family with only one kid?

[stephenjohnbanker]

It sounds reasonable as an argument, does it not?

[FredZarguna]

It's hard to see how any judge could, especially if he's protective of his own authority.

0bama's lawless interpretation of "prosecutorial discretion" is not only an infringement on the prerogatives of the legislature, but on judges and juries as well. Real prosecutorial discretion requires evaluating the likelihood of a successful outcome on behalf of the people on a case basis.

The idea that a prosecutor could short-circuit the intent of the law by refusing to prosecute broad classes of individuals violates the separation of powers on the front end, but it also violates due process on the back end as well.

Any Federal judge who permits this lawless amnesty to an entire class of people clearly covered by the law is sawing the limb out from under his own authority. That's not something that judges of any political persuasion are especially sanguine about.

[Blood of Tyrants]

The judge is correct. While the president has prosecutorial discretion on a case by case basis, he cannot simply decide to ignore the law altogether because it does not fit into his political agenda.

[NonValueAdded]

Not guilty, she can stay.

[b4its2late]

LOL! Yep! Hahaha.