Posted on 12/16/2014 11:43:02 AM PST by amnestynone
the top 14 movers and shakers in health care in 2014 because his legal analysis led to the upcoming Supreme Court case on Obamacares state subsidies that may blow the ACA sky high. Anyway, Jon flags a U.S. District Court opinion out this morning that finds Obamas immigration executive action exceeds the proper understanding of prosecutorial discretion:
According to the opinion by Judge Arthur Schwab, the presidents 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 Obamas decision to expand deferred action for some individuals unlawfully present in the United States.
Man with bigger balls than most of CONgress.
Or maybe just an IQ above 0.
Actually, because the amnesty singles out a particular class for special treatment under the law, it is a Fourteenth Amendment due process violation.
“Not guilty, she can stay.”
****************************************************
Laz was quick out of the gate and has already offered sanctuary.
Does truth matter any more? Seriously.
I know in the long run, truth will out.
But look at the election of 2012.
Look at the aftermath and apparent betrayal against the voters of the latest mid-terms.
I firmly believe in God’s providence, He will make all things glorify Him. I am beginning to suspect that our willful defiance of Him has gone past the tipping point.
Our nation may be “the example” for future nations that fallen Jerusalem, Babylon, and Rome were for us.
In the photo the San Onofre nuclear power plant is in the background on the ocean side of I-5. Thank goodness I left that welfare state for good back in 94.
And it should fall under rational basis—the government LOSES!
It was a test vote to separate the wheat from the chaff.
When one of them issued a temporary visitors visa to a very attractive, but otherwise marginally qualified applicant, it was known as a "gene-pool approval".
"Sure they'll likely violate the visa and remain in the USA, but they'll at least improve our gene pool."
You mean there’s one judge he hasn’t gotten to?
Stay safe, Judge!
Good start...
Make a rational basis argument for me if you have the time or inclination. I'd like to hear it.
Snicker.
It’s nice to read, but Obama pretty much gets his way anyway. He’ll ignore this ruling and Congress will do nothing about it.
I’ve heard many a leftist say
“oh, we support the Constitution, we just interpret it differently”
This reminds me of the Federal judge who placed an injunction on implementation of Obamacare. How did THAT work out?
OLE' !!!
I grant you that as well.
I was thinking “Equal Protection” clause to begin with and work forward from there, as they are conferring rights upon a class of people not covered, not even envisioned to be, under our constitution.
Human rights? Yeah, Okay. I’ll give everyone that, except an enemy combatant. They will get the Medieval or Fargo, with long cigarette breaks treatment and if none of that works I’d hire Keifer Sutherland, for the express purpose of watching him scream in their face, with spittle flying, “Where Is the BOMB!!!”””
Non-Sequitor rant off...
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