Federal judge rules Obama immigration order unconstitutional

[Viligant_Warrior]

Federal judge: Obama immigration actions 'unconstitutional'

A federal judge has found parts of President Obama's immigration executive actions unconstitutional, in an opinion delivered as part of a separate immigration case not directly tied to the policy changes.

The opinion filed Tuesday by U.S. District Court Judge Arthur Schwab, in Pennsylvania, still marks the first court opinion to tackle Obama's immigration announcement. He said Obama's immigration actions are invalid and effectively count as "legislation" from the Executive Branch.

"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," the judge wrote.

Judge Schwab was hearing an appeal of a deportation order against Elionardo Juarez-Escobar, whom ICE had picked up last year after having deported him once before in 2006. Juarez claimed because he had fathered a child who is an American citizen, specifics regarding parents, children, and the illegal status of either, covered in Obama's order, apply to him and negate any deportation order against him.

Schwab reviewed constitutional law and the president's executive order, and declared Obama had no authority to rewrite U.S. immigration law. The effect of Schwab's ruling is still being evaluated, but regardless, it will likely be stayed pending appeal, and would only have effect in the Third U.S. Court District anyway.

 

[Desdichado]

Then some clever Columbia schooled lawyer will establish a new meaning for the Constitution again. And so it goes.

Until an understanding of history and the transcendent things becomes common, we will continue to sink.

 

[crossnote]

Then some clever Columbia schooled lawyer will establish a new meaning for the Constitution again. And so it goes.

Until an understanding of history and the transcendent things becomes common, we will continue to sink.

I take it that Bubble-Up is not your favorite soda?

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