Is Obama trying to lose the amnesty lawsuit? 1) The courts are now considering challenges to the executive amnesty. Many judges probably feel Obama’s grabbed too much power from Congress but are reluctant to intervene. Why taunt them by proclaiming that the alleged power-grab is effectively irreversible? It isn’t irreversible by judges! … P.S.: If you don’t think judges read the newspapers and respond to this kind of political goading — even though it’s not in the briefs — you’ve never clerked for a judge. Obama just increased the chances the Supreme Court will take the case.** 2) Texas Attorney General (soon-to-be Governor) Greg Abbott has asked for a preliminary injunction to block the executive action. (That tactic worked in the 1952 steel seizure case.) One of the things you have to do to qualify for an injunction is show you’ll “suffer irreparable harm” if the court doesn’t step in immediately. Obama has just done much of Abbott’s work for him by agreeing that his action, if allowed to take hold, will in effect be un-undoable. In other words, Obama’s statement also increases the chance that, if the courts take up the case, he will lose.
Posted on: Mon, 15 Dec 2014 16:37:26 +0000
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