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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: stephenjohnbanker

Yes. It seems to be a law based objection. Very good...


21 posted on 12/16/2014 12:00:50 PM PST by DoughtyOne (The question is Jeb Bush. The answer is NO!)
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To: NonValueAdded

“A positive addition to the gene pool”


22 posted on 12/16/2014 12:02:01 PM PST by MrB (The difference between a Humanist and a Satanist - the latter admits whom he's working for)
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To: FredZarguna

Zero sure didn’t care for prosecutorial discretion in the St Swisher and “I can’t breathe” situations


23 posted on 12/16/2014 12:02:11 PM PST by NonValueAdded (Pointing out dereliction of duty is NOT fear mongering, especially in a panDEMic)
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To: skeeter

That was actually a very good thing that Cruz did.
He exposed 23 “republicans” that disregard the Constitution as the authority.


24 posted on 12/16/2014 12:02:55 PM PST by MrB (The difference between a Humanist and a Satanist - the latter admits whom he's working for)
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To: amnestynone

Is there an injunction?


25 posted on 12/16/2014 12:03:07 PM PST by Carry_Okie (Those who profess noblesse oblige regress to droit du seigneur.)
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To: amnestynone

YES! , now jail the socialist marxist would be dictator Obama for these high crimes that violated our Constitution which he cannot do


26 posted on 12/16/2014 12:03:10 PM PST by Democrat_media (The media is the problem. reporters are just democrat political activists posing as reporters)
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To: Blood of Tyrants

Yep. I cannot remember who said it recently but they said prosecutorial discretion can be applied case by case but when it is applied to whole groups of people, the executive becomes a legislator.


27 posted on 12/16/2014 12:03:45 PM PST by sheikdetailfeather (Ignorance can be deadly. Especially in emergencies...)
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To: amnestynone

It’s not going to stop him.

It’ll be overturned on appeal.

But thanks for playing. :)


28 posted on 12/16/2014 12:04:49 PM PST by Tzimisce
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To: amnestynone

Tomorrow, on News At 11: “this just in, a freak car crash takes one life...”


29 posted on 12/16/2014 12:04:59 PM PST by ctdonath2 (Si vis pacem, para bellum.)
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To: MrB

I agree. The exposed senators will not be forgotten.


30 posted on 12/16/2014 12:05:47 PM PST by sheikdetailfeather (Ignorance can be deadly. Especially in emergencies...)
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To: amnestynone

McConnell and Boehner in a panic trying to figure out how to ignore this.


31 posted on 12/16/2014 12:06:04 PM PST by SaxxonWoods (Life is good.)
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To: FredZarguna

Very good point.


32 posted on 12/16/2014 12:06:14 PM PST by RedMDer (I don't listen to Liars but when I do I know it's Barack Obama.)
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To: amnestynone

prosecutorial discretion being cited is like the difference between a DA not pursuing a drug offense and not pursuing any drug offenses.


33 posted on 12/16/2014 12:06:25 PM PST by AU72
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To: amnestynone

Because it collectively removes the intent and spirit of prosecutorial discretion of the individual, with zero regard for the plea of a human right obligation, for the individual.

I don’t have a problem with hearing each case for its merits and extenuating circumstances.

I do have a problem with carte blanche designating an overwhelming group of people special and unique status, over and above what a similar individual standard is for a legal entrant, who waits years, goes through the proper processes and spends thousands of dollars to fulfill a dream of becoming an American.

These people did not come here to become an American and only a few ever will but, only as a matter of contrived expediency.


34 posted on 12/16/2014 12:06:40 PM PST by Vendome (Don't take life so seriously-you won't live through it anyway-Enjoy Yourself ala Louis Prima)
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To: NonValueAdded
appearances can be deceiving

that's bait and switch

this is what we are really getting with these illegals: Socialism:


35 posted on 12/16/2014 12:07:21 PM PST by Democrat_media (The media is the problem. reporters are just democrat political activists posing as reporters)
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To: MrB

And Fox news and G Will and sourKraut and and and


36 posted on 12/16/2014 12:09:23 PM PST by advertising guy ( Muslims, another white meat)
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To: NonValueAdded
That is because his claim is a facile rationalization, just as was his claim that he couldn't grant amnesty six years ago.

0bama wanted the issue as a wedge for most of his pResidency, hence, he did not move on illegal amnesty. Now that time is running out on his tenure, he understands that he must grandfather as many illegals as possible to secure future elections before his term expires, and since he will not stand for election again, the wedge issue is no longer useful to his purposes anyway.

If you're looking for the consistency in 0bama's policies, it's easy to find: Grab as much power as political expediency will allow you to have. He has been 100% consistent under that maxim.

37 posted on 12/16/2014 12:09:26 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: NonValueAdded; b4its2late
She can stay for the night.

But in the morning she has to go home.

38 posted on 12/16/2014 12:10:42 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: sheikdetailfeather
More importantly from the Federal judiciary's point of view, the prosecutor effectively becomes a judge and jury as well.
39 posted on 12/16/2014 12:12:11 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: b4its2late

She can immigrate to my house.

We can pretend to be husband and wife, even. But we’d have to make it very convincing.


40 posted on 12/16/2014 12:15:16 PM PST by TheThirdRuffian (RINOS like Romney, McCain, Christie are sure losers. No more!)
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