However, a major ruling in a Pennsylvania court sent shock waves throughout the political establishment, as it became clear the legal system was catching up with Obama’s very illegal executive action. Suddenly, it seemed as if amnesty by fiat could disappear just as quickly as it came about. Judge Arthur J. Schwab, a federal judge representing western Pennsylvania, described parts of the plan as unconstitutional in a test case involving a single illegal immigrant facing a drunk driving charge. “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’s decision read in part. Joyce R. Branda, the assistant attorney general who filed briefs in the case, had argued that “Federal courts sit to decide cases and controversies, not to resolve disagreements about policy or politics.” However, Schwab disagreed, and while his ruling didn’t strike down amnesty in full, he did enjoin it from being applied to the illegal alien referenced in the case, according to The Washington Times. Legal opponents of amnesty, including Texas governor-elect Greg Abbott, were quick to file briefs mentioning the Pennsylvania case in their judicial challenges to the order. Abbott’s lawsuit — which over 20 other states have joined — is considered one of the strongest challenges to the executive order currently making their way through the court system. “Given that one federal court already has concluded that the DHS director is unconstitutional, plaintiffs respectfully request that this court preserve the status quo and the full panoply of remedial options by scheduling a preliminary injunction hearing and enjoining the directive,” Abbott’s brief to the court read. In addition, Sheriff Joe Arpaio entered the ruling as a “supplemental authority” in his case against the immigration order. Obama may think that his ownership of a pen and a phone are all it takes for him to enact his agenda, regardless of the wishes of the American people and their elected representatives in Congress. He may soon find out how wrong he is about that. conservativetribune/court-ruling-obama-shock-waves/
Posted on: Sat, 03 Jan 2015 23:30:55 +0000