Judge declares Obama immigration action unconstitutional
Source: Reuters
WASHINGTON (Reuters) - President Barack Obama's new plan to ease the threat of deportation for 4.7 million undocumented immigrants violates the U.S. Constitution, a federal judge found on Tuesday, handing down the first legal ruling against the plan.
The ruling has no immediate impact, with the government saying there was no reason for Judge Arthur Schwab of the Western District of Pennsylvania to address the issue in the case, which concerns 42-year-old Honduran immigrant Elionardo Juarez-Escobar.
Schwab is the first judge to rule on the legality of the plan Obama announced on Nov. 20. The executive action by the Democratic president is opposed by Republicans and is already subject to other legal challenges.
Read more: http://news.yahoo.com/judge-declares-obama-immigration-action-unconstitutional-204446914.html
Sanity Claws
(21,849 posts)What a surprise!
He ruled on something that was not even a question before him.
AlbertCat
(17,505 posts)Then how is it a "rule"?
Seems more like just a "declaration".... until he's on the case.
He "found" it?
"Schwab says he ruled on the executive action issue because he concluded that Juarez-Escobar could be eligible for relief under the executive action.
Government lawyers told Schwab that Juarez-Escobar, who has pleaded guilty to re-entering the country, was not eligible because Obama's order does not affect criminal proceedings."
What does any of Schwab's "ruling" even mean?
Nothing.
Means nothing, but others will quote it. Some will properly note it was dicta - others will not.
GeorgeGist
(25,321 posts)Botany
(70,515 posts)But under the "Fox News Legal Team" this will be promoted as a stunning defeat for
the President.
Republicans when the facts are not on your side just make up "new facts" and rinse,
lather, and repeat.
orleans
(34,055 posts)CaliforniaPeggy
(149,627 posts)Damn.
edhopper
(33,582 posts)got to him so they could use the ruling for more action against Obama.
Now a precedent is set that has to be overturned elsewhere.
AlbertCat
(17,505 posts)It already has been shown to be irrelevant.
I repeat:
"Schwab says he ruled on the executive action issue because he concluded that Juarez-Escobar could be eligible for relief under the executive action.
Government lawyers told Schwab that Juarez-Escobar, who has pleaded guilty to re-entering the country, was not eligible because Obama's order does not affect criminal proceedings."
Seems like the judge simply doesn't know what the exec action he's "found" unconstitutional even says.
edhopper
(33,582 posts)they will cite this in other cases?
The part about it not having a reason is the governments opinion, not a legal ruling.
AlbertCat
(17,505 posts)I never said that.
But there is a firm solid retort.
edhopper
(33,582 posts)we are talking past each other.
No worries, at least we agree the judge is a dolt.
creeksneakers2
(7,473 posts)are not binding.
http://en.wikipedia.org/wiki/Obiter_dictum
sinkingfeeling
(51,457 posts)PatrynXX
(5,668 posts)Obama is rather smart here I think. If the republicans get whoever to say this is unconstitutional. does that mean that according to the Republicans we have to enforce the law all the way back whatever it was before Regan? That could shatter our economy to nothing. totally destroy our tax base. And who's holding the bag when this bomb goes off? Elephants O_O Republicans who until 2008 courted Hispanics/Latino's don't want to have any part of this... Totally suicidal
Agnosticsherbet
(11,619 posts)George II
(67,782 posts)...."ruling" in another case which had nothing to do with the substance of the executive action.
Sunlei
(22,651 posts)I think everyone who needs 'papers' should buy Cuban citizenship and then touch dry land in the USA.
That is an instant 'safe' and uses the laws of the land today. Cuba could make a big political statement, help a lot of people out.
Raúl Castro would make the global history books as a hero
steve2470
(37,457 posts)a kennedy
(29,672 posts)I haven't watched ANY talking heads, news reports, C-SPIN anything related to our government, politics, ANYTHING, and I'm having a wonderful time. My blood pressure is fine, no more headaches and I'm getting along with my husband again. I feel great.
geretogo
(1,281 posts)appointed to any court . They need to keep the corrupt political hack judges Bush installed to push
their Tyranny over the People .
PSPS
(13,600 posts)Response to obnoxiousdrunk (Original post)
hopemountain This message was self-deleted by its author.