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BREAKING: FEDERAL JUDGE STRIKES BLOW AT OBAMA EXECUTIVE AMNESTY
Powerline blog ^ | DECEMBER 16, 2014 | Steven Hayward

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 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.


TOPICS: News/Current Events
KEYWORDS: aliens; amnesty; braking; executive; immigration; judge; justablog; obamaamnestyillegal
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To: ExTxMarine
What you are saying is true, and noted by the judge. However, your analogy about the bank robber is incorrect. The prosecutor did not tell a bank robber that he wouldn't prosecute him. The prosecutor announced to every bank robber, that bank robbery will not be prosecuted in his jurisdiction. That's also an abuse of discretion as well.
81 posted on 12/16/2014 2:44:06 PM PST by FredZarguna (I'm gonna take this counter top, and I'm gonna whop you on that side of your face with it.)
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To: ExTxMarine

Exactly.

From the Washington Times, seems the judge addressed your point quite forthrightly:

“Judge Arthur J. Schwab, sitting in the western district of Pennsylvania, said presidents do have powers to use discretion in deciding how to enforce the law, but said Mr. Obama’s new policy goes well beyond that, setting up a full system for granting legal protections to broad groups of individuals. He said Mr. Obama writing laws — a power that’s reserved for Congress, not the president.

“President Obama’s unilateral legislative action violates the separation of powers provided for in the United States Constitution as well as the Take Care Clause, and therefore is unconstitutional,” Judge Schwab wrote.

The judge also said the policy allows illegal immigrants “to obtain substantive rights.” “

No authority whatsoever to grant all these things to these people!


82 posted on 12/16/2014 3:23:27 PM PST by txrangerette (("...hold to the TRUTH; speak without fear". - Glenn Beck))
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To: skeeter

Cruz was just being interviewed by Brett Bair to answer to Krauthammer and Will from last night. He was excellent. Calmly on point.


83 posted on 12/16/2014 3:35:59 PM PST by dandiegirl
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To: DJ Frisat

Do Liberals not get it? They are ASKING for a far right wing conservative Christian President to issue EO’s and bypass the law thinking himself higher than the law.

Or a President they will not agree with at all to do exactly what Obama is doing or worse. The difference is, I would not be okay with a President that is a mirror of Reagan using his power to spite any legal American, or to allow anything blatantly unconstitutional. I would be opposed to that. The liberals seem to bask in a tyrannical corrupt lawless President. But they don’t seem to realize, allowing Obama to get away with this now (ya, they make think it’s cool, stick it to real Americans), precedence matters and if Obama gets away with it, then so will our guy.

Guarantee they won’t be okay with it then. I won’t either, but I will appoint them mayor of Toldyousoville. Look what you have allowed Obama to wrought upon our country. No accountability for the corrupt lawlessness in our government. We have to move towards holding elected officials responsible or we are doomed.


84 posted on 12/16/2014 3:39:10 PM PST by FreedomStar3028 (Somebody has to step forward and do what is right because it is right, otherwise no one will follow.)
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To: dandiegirl

And in said they were right in a way. Lol. He was good but I wish he would quit saying .. “let me be clear .... “


85 posted on 12/16/2014 3:40:24 PM PST by hawkaw
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To: hawkaw

I thought the same thing about the “let me be clear” ugh sounds like BO.


86 posted on 12/16/2014 3:44:39 PM PST by dandiegirl
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To: skeeter

If Senator Cruz could see the future, he would be hard put to come up with a more brilliant move. The guy is on a different level.


87 posted on 12/16/2014 3:45:11 PM PST by csivils
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To: gov_bean_ counter

Tea Party will change America BACK to Liberty. It is time to kick the criminals to the curb.


88 posted on 12/16/2014 4:24:35 PM PST by Shady (We are at war again......this time for our lives...)
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To: 11th_VA

and the RATS, take another one in the.........HA ha!!!
89 posted on 12/16/2014 6:31:20 PM PST by Chode (Stand UP and Be Counted, or line up and be numbered - *DTOM* -w- NO Pity for the LAZY - 86-44)
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To: Uncle Miltie

Not guilty.


90 posted on 12/16/2014 6:39:34 PM PST by Candor7 (Obama fascism article:(http://www.americanthinker.com/2009/05/barack_obama_the_quintessentia_1.html))
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To: FreedomStar3028

Oh, fused. Take good care. You will never egthaeda.


91 posted on 12/16/2014 11:49:55 PM PST by RedHeeler
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To: RedHeeler

Fused? Egthaeda? I dunno?


92 posted on 12/17/2014 1:49:52 AM PST by FreedomStar3028 (Somebody has to step forward and do what is right because it is right, otherwise no one will follow.)
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To: MeshugeMikey; Jim Robinson

Enthusiastically spread the word about the “Protest Against Obama Amnesty” rally across America for 2015-01-03 ... Ted Cruz, Jeff Sessions, Mike Lee (et al) will GREATLY appreciate our support ... A great Patriot turn-out WILL encourage the Senate and House GOP to dump McConnell and Boehner ... God Bless America ... Facebook page “Obama Amnesty National Protest : 2015-01-03” ... https://www.youtube.com/watch?v=680NlRI3v2I ... Thanks to All !!!


93 posted on 12/17/2014 5:08:00 AM PST by Patton@Bastogne
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To: FredZarguna

Agree that it would not likely have any chance to fall under rational basis, the only way we have a good chance of winning. Anything else would lean heavily to strict scrutiny, even with intermediate arguments, where’d we most likely lose.


94 posted on 12/17/2014 8:54:09 AM PST by SgtHooper (Anyone who remembers the 60's, wasn't there!)
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