Tuesday, December 16, 2014


U.S. District Court opinion out this morning that finds Obama’s immigration executive action exceeds the proper understanding of “prosecutorial discretion”: - STEVEN HAYWARD/Powerline
District court declares Obama immigration action unconstitutional - Jonathan H. Adler/Washington Post
Earlier Tuesday, a federal court in Pennsylvania declared aspects of President Obama’s executive actions on immigration policy unconstitutional.

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.
BREAKING: Federal judge finds Obama amnesty is unconstitutional - Stephen Dinan/Washington Times
A federal judge has found parts of President Obama’s new deportation amnesty to be unconstitutional, issuing a scathing memo Tuesday accusing him of usurping Congress’s power to make laws, and dismantling most of the White House’s legal reasoning for circumventing Congress.
The full 38-page opinion is here.

"It is quite unusual... Judge Schwab appears to have reached out quite aggressively to engage the lawfulness of the President’s actions" on immigration. Says lawprof Jonathan Adler. And on the merits, he's "not persuaded": - Althouse

This is good news, but it’s probably just the beginning of the battle - Neoneocon