The Legality Of Obama’s Executive Order Theoretically, if one of the lawsuits that are going to be filed by members of the Republican Party against President Obama concerning executive action on illegal aliens goes into federal court and makes it to the highest court in the land in 2015, then the Supreme Court can decide on its legality. Executive orders which amend previous acts of Congress or provide “temporary” resolution to a particular situation can be considered a legal act. However, if any executive order which does not pertain to the function of bureaucracy is found to have “permanent” consequences, then it could be struck down by the Supreme Court. Therefore, the highest court in the land could evaluate the situation and rationalize that it is “permanent”. The first realization would be that a Congressional action on immigration to reverse the order would be vetoed by this president. Secondly, the executive action would become permanent over the next two years since the action could not be overturned until 2017. Furthermore, the Supreme Court could reverse the order on the grounds of its “permanent nature” in late 2014 or early 2015 which would allow Congress the opportunity to pass another immigration bill later on.
Posted on: Fri, 21 Nov 2014 07:00:52 +0000
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