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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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At least one Judge isn't buying Obamas crap.
1 posted on 12/16/2014 11:43:02 AM PST by amnestynone
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To: amnestynone

and so it begins.....


2 posted on 12/16/2014 11:44:20 AM PST by MeshugeMikey ("Never, Never, Never, Give Up," Winston Churchill ><>)
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To: Corporate Law

ping


3 posted on 12/16/2014 11:45:23 AM PST by timestax (American Media = Domestic Enemy)
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To: amnestynone

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?


4 posted on 12/16/2014 11:46:44 AM PST by DJ Frisat (Proudly providing the NSA with provocative textual content since 1995!)
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To: MeshugeMikey
... 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.
5 posted on 12/16/2014 11:46:58 AM PST by gov_bean_ counter (Romans 1:22 Professing themselves to be wise, they became fools)
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To: amnestynone

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


6 posted on 12/16/2014 11:48:06 AM PST by DoughtyOne (The question is Jeb Bush. The answer is NO!)
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To: gov_bean_ counter

these people have to be reigned in and shown the door


7 posted on 12/16/2014 11:48:32 AM PST by MeshugeMikey ("Never, Never, Never, Give Up," Winston Churchill ><>)
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To: MeshugeMikey

Agree.


8 posted on 12/16/2014 11:48:47 AM PST by gov_bean_ counter (Romans 1:22 Professing themselves to be wise, they became fools)
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To: timestax
 photo e527f373-431b-4ab0-a65d-0a365f2844b4_zps2abaa70f.jpg
9 posted on 12/16/2014 11:48:54 AM PST by timestax (American Media = Domestic Enemy)
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To: amnestynone

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


10 posted on 12/16/2014 11:50:04 AM PST by Obadiah (If the RINOs engineer the 2016 Primary for their guy, I will sit out the General for my guy.)
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To: timestax
Image and video hosting by TinyPic
11 posted on 12/16/2014 11:50:13 AM PST by b4its2late (A Liberal is a person who will give away everything he doesn't own.)
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To: b4its2late; Lazamataz

I’d be with Laz on that one.


12 posted on 12/16/2014 11:52:03 AM PST by Uncle Miltie (Boner and McTurtle funded Amnesty and 0bamaCare)
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To: amnestynone

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/


13 posted on 12/16/2014 11:52:34 AM PST by sheikdetailfeather (Ignorance can be deadly. Especially in emergencies...)
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To: amnestynone
According to the vote on the vote Ted Cruz forced, 23 republicans senators disagree with the judge.

The veil is being torn away.

14 posted on 12/16/2014 11:53:38 AM PST by skeeter
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To: b4its2late

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?


15 posted on 12/16/2014 11:54:48 AM PST by forgotten man
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To: DoughtyOne

It sounds reasonable as an argument, does it not?


16 posted on 12/16/2014 11:56:27 AM PST by stephenjohnbanker (The only people in the world who fear Obama are American citizens.)
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To: amnestynone
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.

17 posted on 12/16/2014 11:57:06 AM 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: MeshugeMikey

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.


18 posted on 12/16/2014 11:59:26 AM PST by Blood of Tyrants (Good Muslims, like good Nazis or good liberals, are terrible human beings.)
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To: b4its2late

Not guilty, she can stay.


19 posted on 12/16/2014 11:59:30 AM PST by NonValueAdded (Pointing out dereliction of duty is NOT fear mongering, especially in a panDEMic)
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To: NonValueAdded

LOL! Yep! Hahaha.


20 posted on 12/16/2014 12:00:26 PM PST by b4its2late (A Liberal is a person who will give away everything he doesn't own.)
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