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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: amnestynone

Man with bigger balls than most of CONgress.

Or maybe just an IQ above 0.


41 posted on 12/16/2014 12:15:55 PM PST by VanDeKoik
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To: Vendome

Actually, because the amnesty singles out a particular class for special treatment under the law, it is a Fourteenth Amendment due process violation.


42 posted on 12/16/2014 12:16:12 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

“Not guilty, she can stay.”
****************************************************
Laz was quick out of the gate and has already offered sanctuary.


43 posted on 12/16/2014 12:18:26 PM PST by House Atreides
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To: amnestynone
so the obozo tells the judge to kiss his a$$ and goes on doing his amnesty thing. Who's going to order his arrest?
44 posted on 12/16/2014 12:18:40 PM PST by drypowder
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To: amnestynone

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.


45 posted on 12/16/2014 12:26:56 PM PST by SoFloFreeper
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To: b4its2late

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.


46 posted on 12/16/2014 12:28:35 PM PST by Hotlanta Mike (‘You can avoid reality, but you can’t avoid the consequences of avoiding reality.’)
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To: FredZarguna

And it should fall under rational basis—the government LOSES!


47 posted on 12/16/2014 12:30:20 PM PST by SgtHooper (Anyone who remembers the 60's, wasn't there!)
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To: skeeter

It was a test vote to separate the wheat from the chaff.


48 posted on 12/16/2014 12:30:50 PM PST by Hotlanta Mike (‘You can avoid reality, but you can’t avoid the consequences of avoiding reality.’)
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To: b4its2late
I know some folks who worked as visa officers at our embassies overseas.

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."

49 posted on 12/16/2014 12:34:27 PM PST by Dagnabitt (Amnesty is Treason. Its agents and supporters are Traitors.)
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To: amnestynone

You mean there’s one judge he hasn’t gotten to?

Stay safe, Judge!


50 posted on 12/16/2014 12:34:29 PM PST by TribalPrincess2U (0bama's agenda—Divide and conquer seems to be working.)
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To: amnestynone
My thoughts from the very beginning. Obama’s attempt to issue a blanket “prosecutorial discretion” indicated that he did not know the definition of the term. It is the case by case application of the process. Another example of his lack of understanding United States LAWS and having poor advice from his Communist aides.
51 posted on 12/16/2014 12:39:01 PM PST by BatGuano (You don't think I'd go into combat with loose change in my pocket, do ya?)
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To: amnestynone

Good start...


52 posted on 12/16/2014 12:40:10 PM PST by Dead Corpse (A Psalm in napalm...)
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To: SgtHooper
If you make a due process argument [and as I've said, I think you can] I believe the US persons covered by the Executive Amnesty constitute a "suspect classification," which is not ordinarily decided on a rational basis test.

Make a rational basis argument for me if you have the time or inclination. I'd like to hear it.

53 posted on 12/16/2014 12:44:33 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: BatGuano
But he's a Constitutional scholar!

Snicker.

54 posted on 12/16/2014 12:45:39 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: amnestynone

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.


55 posted on 12/16/2014 12:46:28 PM PST by ScottinVA (We either destroy ISIS there... or fight them here. Pick one, America.)
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To: FredZarguna

I’ve heard many a leftist say
“oh, we support the Constitution, we just interpret it differently”


56 posted on 12/16/2014 12:46:34 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

This reminds me of the Federal judge who placed an injunction on implementation of Obamacare. How did THAT work out?


57 posted on 12/16/2014 12:49:47 PM PST by Obama_Is_Sabotaging_America
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To: FredZarguna
More like a constipational schollar...
full of $h!+.
58 posted on 12/16/2014 12:53:58 PM PST by gov_bean_ counter (Romans 1:22 Professing themselves to be wise, they became fools)
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To: amnestynone

OLE' !!!

59 posted on 12/16/2014 12:56:30 PM PST by 11th_VA
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To: FredZarguna

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...


60 posted on 12/16/2014 12:57:37 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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