Sunday, June 26, 2016

Striking Down Amnesty, Supreme Court Says Even Obama Must Obey The Law

O'Bozo and My top pick for the Supreme Court Justice, 
Federal Judge Andrew Hanen
Rule Of Law: An "equally divided" U.S. Supreme Court affirmed a lower court ruling that said President Obama exceeded his authority with his executive amnesty for illegal aliens. It's an important victory for the rule of law and separation of powers.
Acting more like a dictator than an elected official, Obama had decreed that 4.3 million illegals who, under U.S. law, were subject to deportation, could suddenly be gifted with something called "lawful presence" simply by applying to stay under a program that Obama created out of thin air.
In essence, Obama sought to rewrite existing law by executive fiat, claiming his program was merely "deferred action" -- not breaking the law.
This plainly illegal move had already been rejected in early 2015, when U.S. District Judge Andrew Hanen issued a temporary injunction against the Obama amnesty, in effect calling it illegal. The White House appealed to the Fifth Circuit Court of Appeals in New Orleans. But in a 2-1 decision, it upheld Hanen, calling deferred action "much more than nonenforcement."
"It would affirmatively confer 'lawful presence' and associated benefits on a class of unlawfully present aliens," the Fifth Circuit majority decision said. "Though revocable, that change in designation would trigger ... eligibility for federal benefits ... and state benefits -- for example, driver's licenses and unemployment insurance -- that would not otherwise be available to illegal aliens."
Read the rest of this IBD editorial HERE.

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