US Judge Who Declared White House Immigration Memo Unconstitutional, Was Acting Without Jurisdiction

McCarthy's analysis is that the judge who "decided" that Obama's memorandum to change immigration law is unconstitutional, was himself acting outside of the constitution. The underlying cause of action, of the case before this judge was a criminal matter. Deportation is a civil matter. The judge did not have jurisdiction. But in these days of widespread adoption of the Obama-Holder doctrine, inconvenient laws may be ignored by selected persons, what does jurisdiction matter? The Massachusetts Supreme Judicial Court which legalized same sex marriage did not have jurisdiction over marriage. The state constitution states that matters regarding marriage are to be left to the Governor and the legislature. That did not stop the MA Judiciary, led at the time by Margaret Marshal, the former General Counsel of Harvard University. Perhaps the gentleman from Baltimore and Georgia who shot dead two NYPD officers while they were sitting in their patrol car was inspired by the same lawlessness in Washington DC and Boston. What does equal protection of the laws mean? If politicians can pick and choose which laws to obey, why not the rest of us? Laws are just for the little people. I do not think that shooter thought of himself as a little person.

[From article]
Judge Schwab, analogously, has run roughshod over constitutional boundaries that limit the exercise of judicial authority. The Constitution empowers judges to resolve only cases and controversies that are actually before the court. In this case, President Obama’s decree was not before Judge Schwab — at least until he gratuitously directed the parties, who had not raised it, to address it.
CONSTITUTIONAL OVERREACH . . . BY THE JUDGE
As is typical with judicial activism, Schwab not only ignores the law in order to reach a matter he has no business addressing; he then mangles the law in addressing it.

http://www.nationalreview.com/article/394939/lawless-judge-lawless-president-andrew-c-mccarthy

DECEMBER 18, 2014 4:00 AM

Lawless Judge, Lawless President
He rules against Obama, but he too is flouting the Constitution.
By Andrew C. McCarthy