Why Obama’s Immigration Order Was Blocked (by Former Appeals Circuit Judge)

WSJ ^ | Feb. 17, 2015 | By Michael W. McConnell

[11th_VA]

Late Monday night, a federal district court in Brownsville, Texas, entered an order prohibiting enforcement of the Obama administration’s program granting lawful status to some four million or five million undocumented aliens. Administration supporters immediately filled the airwaves with claims that the decision was a political stunt by a George W. Bush -appointed judge and would quickly be reversed.

They should read U.S. District Judge Andrew Hanen ’s order.

(snip - good read)

Despite misleading claims by administration supporters that the order interferes with executive discretion to set enforcement priorities, the district court narrowly crafted its order not to touch on prosecutorial discretion.

The court order is explicitly confined to the grant of work authorization and affirmative benefits, which has never been part of prosecutorial discretion.

Administration lawyers pointed to five prior instances when presidents from Ronald Reagan to George W. Bush granted temporary status to certain classes of aliens without statutory authority.

The district court noted, however, that none of these instances was reviewed in court and that past executive actions cannot serve as precedent for future expansions of executive power.

(snip - good read)

... the administration cannot implement its unilateral DAPA program unless and until the decision is reversed on appeal by the Fifth Circuit Court of Appeals or by the Supreme Court. It will not be easy for the administration’s lawyers to persuade those courts that Judge Hanen got the law wrong.

Mr. McConnell, a former judge on the U.S. Court of Appeals for the 10th Circuit, is a professor of law and director of the Constitutional Law Center at Stanford Law School and a senior fellow at the Hoover Institution.

[vette6387]

“Obama is going to get squeezed ... he’s going to lash out like a wounded animal now - you watch ...”

It’s already started! Just look at the White Hut $hitstorm over Netanyahu’s invitation to speak. Obola is like a little petulant child who’s used to “getting his way.” He thinks he’s a ruler not a president. We are entering very dangerous times for our country. Not so much for our internal problems, but rather for the weaknesses we are projecting to outsiders who’d like nothing better than to topple us or start a war with us while we are vulnerable due to our incompetent, unpatriotic leadership.

[libstripper]

Just go to Google, enter the article’s title, click, and you have it.

[uncitizen]

They don’t have the law on their side so they’re just making it up as they go along. Pathetic weasels, obama and his minions.

[I am Richard Brandon]

"Relying on the few honest judges who remain may not be enough."

And how many of the dishonest judges are in their jobs for life and are ready to wreck a future Conservative Administration?

[Lurkinanloomin]

If they win on amnesty there won’t be any future Conservative Administration.

Your point about the dishonest judges is precisely why we need an opposition party. Judges nominations for lifetime appointments should not be rubber-stamped. Lyndsay Graham and company rubber-stamped every one of those dishonest judges onto the bench.

[Defiant]

A McConnell that makes sense.

[spokeshave]

Obama is going to get squeezed ... he's going to lash out like a wounded animal now - you watch ...

I read on another thread yesterday that a FOX news contributor sais:

Obama has checkmated himself....

And this is the "smartest guy on the block"

In his own words:

"“I think that I’m a better speechwriter than my speechwriters,” Mr. Obama told Patrick Gaspard, his political director, at the start of the 2008 campaign, according to The New Yorker. “I know more about policies on any particular issue than my policy directors. And I’ll tell you right now that I’m going to think I’m a better political director than my political director.”

Obama learning how a coin toss works:

[spokeshave]

sais = said....sorry....fat fingers

[RKBA Democrat]

Don’t get too excited. This is the uniparty we’re talking about and they want amnesty. And what the uniparty wants, the uniparty almost always gets.

I reckon Congress will figure out some way to get ammesty notwithstanding the view of the courts.

[Jacquerie]

States, The Natural Second Party

[upchuck]

Thank you for a link to a version of the article that DOES NOT require a subscription to read.

[2ndDivisionVet]