December 19, 2014

Court Decides White House Actions Unconstitutional


Posted December 16, 2014 9:34 PM ET; Last updated December 19, 2014 4:00 PM ET




Should it matter who appointed the judges? If they are sworn to uphold the laws, why does it matter? Are judges imposing their personal and political opinions on others in courts?

[From article]
Schwab is the first judge to rule on the legality of the plan Obama announced on Nov. 20. The executive action by the Democratic president is opposed by Republicans and has already been legally challenged by two dozen U.S. states.
'President Obama's unilateral legislative action violates the separation of powers provided for in the United States Constitution as well as the Take Care Clause, and therefore is unconstitutional,' Judge Schwab wrote.
[. . .]
'I obviously agree with the idea that the action he took was an unlawful and unconstitutional action,' South Dakota Republican Sen. John Thune told MailOnline, noting that he had not yet read the ruling.
'I wish the president was a little bit more – I wish he had accepted the results of the election and decided that it was time, maybe, to go in a different direction,' Thune said. 'I don't know that he got the message.'
'Coming out right away with the immigration decision' after the Democrats' disastrous midterm shellacking 'wasn't helpful,' he said.

http://www.dailymail.co.uk/news/article-2876698/Federal-judge-says-Obama-executive-action-immigration-unconstitutional-Democratic-senators-snipe-s-wrong.html

Federal judge says Obama executive action on immigration is unconstitutional while Democratic senators snipe that he's 'wrong'
Bush-appointed jurist rules the White House 'amnesty' plan is an example of legislation – something only Congress can do
Democratic U.S. Senators Dick Durbin and Richard Blumenthal sniped to MailOnline that Schwab is 'wrong' and made 'an incorrect decision'
Judge dismissed administration's claim that it is using 'prosecutorial discretion' to decide which illegal immigrants it will stop deporting
'President Obama's unilateral legislative action violates the separation of powers provided for in the U.S. Constitution,' judge Arthur Schwab ruled
GOP Senator John Thune said Obama hadn't yet 'got the message' about his party's stinging November election defeat
By DAVID MARTOSKO, US POLITICAL EDITOR FOR MAILONLINE
PUBLISHED: 17:38 EST, 16 December 2014 | UPDATED: 17:42 EST, 16 December 2014

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http://www.foxnews.com/politics/2014/12/16/federal-judge-obama-immigration-actions-unconstitutional/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+foxnews%2Fmost-popular+%28Internal+-+Most+Popular+Content%29

Federal judge: Obama immigration actions 'unconstitutional'
Published December 16, 2014

FoxNews.com
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http://www.washingtontimes.com/news/2014/dec/16/judge-finds-obama-amnesty-unconstitutional/
Federal judge rules Obama amnesty order unconstitutional power grab
Ruling doesn’t immediately overturn policy
By Stephen Dinan

The Washington Times Tuesday, December 16, 2014


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[From article]
“It’s the Constitution itself that is under assault by the president of the United States by this executive order,” Mr. Abbott told NBC’s “Meet the Press” this weekend. “This lawsuit is not about immigration. The issue in this lawsuit is abuse of executive power.”
Analysts on both sides of the issue said Mr. Obama’s opponents were fortunate to draw Judge Hanen, who has already shown a deep distrust of Homeland Security officials, questioning both their policies and their legal arguments.
In a 10-page order last December, just as the surge of illegal immigrant children was beginning, he blasted the Obama administration for refusing to get tough on enforcement and instead shipping children caught at the border to live with their illegal immigrant parents here in the U.S. — and refusing to even try to deport those parents.
[. . .]
“The DHS should cease telling the citizens of the United States that it is enforcing our border security laws because it is clearly not,” Judge Hanen wrote. “Even worse, it is helping those who violate these laws.”

http://www.washingtontimes.com/news/2014/dec/7/obama-amnesty-in-jeopardy-with-bush-judicial-appoi/

Obama amnesty in jeopardy with Bush judicial
appointee hearing states’ challenge
Judge Andrew Hanen rebuked Homeland Security last year for refusing to follow border security laws
By Stephen Dinan
The Washington Times
Updated: 9:38 p.m. on Sunday, December 7, 2014

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