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Immigration Update: Cut Out the Middleman – Just Let Judges Just Write the Laws
A federal appeals court has upheld the lower court ruling blocking Obama’s work-permit amnesty for illegal aliens with U.S.-born kids. The ruling is just on circuit court Judge Hanen’s injunction which put Obama’s plans on ice, and not on the merits of the underlying lawsuit claiming that Obama has overstepped his constitutional authority. Nonetheless, the appeals court did say Obama had acted illegally. From Politico:
The 5th Circuit opinion actually goes further than Hanen’s, holding not just the administration took shortcuts with procedural rules, but that Obama and Secretary of Homeland Security Jeh Johnson lacked the legal authority for their actions. [Judge] Smith said the Immigration and Naturalization Act simply doesn’t confer the power the administration is claiming.
Now the case goes to the Supreme Court. The court doesn’t have to take it up, but since it’s an important separation-of-powers issue, it probably will. If it rules before next November, it could have a real impact on the election, though maybe in a perverse way. If the court upholds Obama’s power-grab, Republican voters will be even more energized to stop Hillary. If the court strikes down the action, the result Republicans (rightly) desire, it could energize Democrats to turn out for Hillary.
Either way, it will depend on how Anthony Kennedy is feeling that morning. Which is no way to run a country.
Published in Immigration
Sadly, the failure to strike down Obamacare did not energize Republicans enough back in 2012 to prevent Obama’s re-election.
So true.
Mark,
Love the title, it says it all. And by the way, Anthony Kennedy needs a swift kick not an infinite amount of power.
Regards,
Jim
Justice Kennedy is not erratic, I don’t think. His mood does not swing that much. It seems like his notion of what it means to define one’s own concept of existence guides him. Americans at large may find him unpredictable, since they do not take the same guide, but that is a different matter-
Courts are only good in so long as they rule in a way we like. When they don’t, then it’s a power grab and something needs to change.
The story of the last 200 years.
Hate to be the one to bring it up, but there’s one too many “justs” in the headline.
I think preference as to outcome is not the only thing that matters. The doctrine also matters, partly as it relates to expectations concerning future outcomes, partly as it relates to the justification of partisan gov’t. A party can live with losing various judicial fights; for the most part, it’s a matter of saving the party’s pride, so that things do not get out of hand when it comes to mutual hatred or contempt; but some decisions are so far-reaching that they threaten or are seen to threaten the survival of a party. At that point you get the kind of stories that last hundreds of years…
Ideally there would be two less “justs” in the headline. Immigration Update: Cut Out the Middleman – Let Judges Write the Laws.
I do like the post though.
NO “JUSTS,” NO PEACE!!1!!!