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.
I love the sound of chestnuts crackling on an open fire
I call them Republican'ts. They can't seem to find a way to get anything accomplished that actually advances the cause of conservatism.
Must be inconsequential. Still not on Drudge or Fox.
I need to check her papers ... a very close inspection.
“I do have a problem with carte blanche designating an overwhelming group of people ...”
VERY overwhelming when you consider WHO under law are they; by WHAT definition?
We have to operate under the paradigm shift that we cannot trust “republicans” to not be in league with the enemies of liberty.
0bama and Holder will ignore this too.
Wow
According to Jerome Corsi, 0bama never actually signed an executive order or specified action calling for rules on prosecutorial discretion or granting illegals certain benefits. Apparently, it was the sec Johnson that issued a memo on this subject.
So if 0bama or his lieutenants actually carry out actions w/o a signed executive order or equivalent document, the person carrying out such an action could be in violation of exiting immigration law and subject to criminal prosecution.
That's a coyote guiding a woman. An unaccompanied child happened to run into them.
Back to the meaning of “is”...
Message to democrats: you can’t keep the stupid out of tyranny.
Confirms Ted Cruz’s arguments against it.....
As for Obama, it comfirms the kind of political games that business as usual politicians like him and the GOPe play.
They will push through laws on abortion or immigration like many GOP controlled states have done in recent years knowing the courts will overturn but they get the political credit for passing the bills so they can win elections and maintain popularity.
This amnesty was good for Obama’s political image even though he knew it would get torn up in the courts....
I guess the politicos know the economy really stinks so they need to put on these shows to divert public attention.
But, since Obama is not governing UNDER the Constitution, this decision doesn’t affect anything!
That goes for rinos too.
The other side of this coin, which I think is even HARDER and more prevalent than the wide prosecutorial issues is the EXPANDED rights which Obama authorized!
It is one thing to say, we are not going to prosecute you for being here illegally. It is something altogether WRONG for him to expand to these people the right to work, get welfare benefits, and Obamacare subsidies!! THAT is WELL BEYOND his Executive Authority!
As I have said before, it is one thing for a DA to say he is not going to prosecute the bank robber. It is something different for the DA to tell the bank, which the robber robbed, that they must allow the known robber to open an account at that bank with the money he stole!! The DA does NOT have that authority, and neither does Obama!
I would start at the open section in the middle and work my way down. But that’s just me.
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