Federal Court Strikes Down Obama’s Unlawful Amnesty Decree

by JASmius



Wow.  Even for a first step in the judicial process, this was fast:

Earlier Tuesday, a federal court in Pennsylvania declared aspects of President Obama’s executive actions on immigration policy unconstitutional.

According to the opinion by Judge Arthur Schwab, the president’s policy goes “beyond prosecutorial discretion” in that it provides a relatively rigid framework for considering applications for deferred action, thus obviating any meaningful case-by-case determination as prosecutorial discretion requires, and provides substantive rights to applicable individuals.  As a consequence,  Schwab concluded, the action exceeds the scope of executive authority.

A criminal defendant alien sought to use the Immigration Proclamation as a "get out of jail free" card, providing Judge Schwab (a Bush43 appointee, in case you were wondering) the opportunity to laugh in his face and bonk him on the head with his gavel:

The procedural background of the case is somewhat unusual.  The case involves an individual who was deported and then reentered the country unlawfully. In considering how to sentence the defendant, the court sought supplemental briefing on the applicability of the new policies to the defendant, and whether these policies would provide the defendant with additional avenues for seeking the deferral of his deportation.  In this case, however, it’s not entirely clear it was necessary to reach the constitutional question to resolve the issues before the court with regard to the defendant’s sentence.

Nevertheless, Judge Schwab availed himself of the opportunity to do so, and effectively laughed in The One's face as well.

Don't get too excited, though; the U.S. District Court for the Western District of Pennsylvania resides within the Third Circuit Appellate Court's jurisdiction, and that court has an 8-5 Democrat majority.  So Judge Schwab's ruling will probably be quickly reversed, depending upon whether O's unlawful amnesty edict is one of those things, like his unilateral, usurpatious declaration that the Senate was in recess when it wasn't in order to pack the National Labor Relations Board a couple of years ago, that is so egregious that even leftwing oligarchists have to join in quashing it.

Stay tuned....