Federal Judge rules Obama's amnesty unlawful
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19-02-2015, 06:26 PM
RE: Federal Judge rules Obama's amnesty unlawful
(17-02-2015 07:25 AM)Patriot10mm Wrote:  http://www.latimes.com/nation/nationnow/...story.html

I knew this would happen. Obama obviously overstepped his constitutional authority, and he knew it. He said on video multiple times he didn't have the authority. No judge will side with him. The 5th circuit court is made up of Bush/Reagan appointees, and SCOTUS will crush it once it gets there.

Read much? The decision deals with none of this. It specifically says it does not deal with any action by Obama. The sole focus of the opinion is a memo issues by Secretary of Homeland Security Jeh Johnson. That's it. That's all. It has absolutely nothing to do with the constitutionality of anything Obama does. In fact, the court opinions goes to some lengths to make that exist point.

Try again.

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20-02-2015, 04:08 PM
RE: Federal Judge rules Obama's amnesty unlawful
(19-02-2015 06:26 PM)BnW Wrote:  
(17-02-2015 07:25 AM)Patriot10mm Wrote:  http://www.latimes.com/nation/nationnow/...story.html

I knew this would happen. Obama obviously overstepped his constitutional authority, and he knew it. He said on video multiple times he didn't have the authority. No judge will side with him. The 5th circuit court is made up of Bush/Reagan appointees, and SCOTUS will crush it once it gets there.

Read much? The decision deals with none of this. It specifically says it does not deal with any action by Obama. The sole focus of the opinion is a memo issues by Secretary of Homeland Security Jeh Johnson. That's it. That's all. It has absolutely nothing to do with the constitutionality of anything Obama does. In fact, the court opinions goes to some lengths to make that exist point.

Try again.
Yes, I do read much. On page 113, the judge wrote the reason for his decision: "In sum, this Court finds, both factually based upon the record and the applicable law, that DAPA is a “legislative” or “substantive” rule that should have undergone the notice-and-comment rule making procedure mandated by 5 U.S.C. § 553."

Basically, he ruled that the executive order itself is unlawful because there is a federal law in place that dictates how federal laws are changed, and that procedure was not followed. Although his order is not a direct ruling on the executive order, his order to halt the amnesty until the real case is heard was due to the executive order being so unlawful that it needed to be stopped in its tracks, as the judge said if he didn't stop it now it would be impossible to stop once it went into effect.

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20-02-2015, 04:21 PM (This post was last modified: 20-02-2015 04:25 PM by GirlyMan.)
RE: Federal Judge rules Obama's amnesty unlawful
(20-02-2015 04:08 PM)Patriot10mm Wrote:  
(19-02-2015 06:26 PM)BnW Wrote:  Read much? The decision deals with none of this. It specifically says it does not deal with any action by Obama. The sole focus of the opinion is a memo issues by Secretary of Homeland Security Jeh Johnson. That's it. That's all. It has absolutely nothing to do with the constitutionality of anything Obama does. In fact, the court opinions goes to some lengths to make that exist point.

Try again.
Yes, I do read much. ... Basically, he ruled that the executive order itself is unlawful because there is a federal law in place that dictates how federal laws are changed,

Except 5 U.S.C. § 553 has absolutely nothing to do with how federal laws are changed. Unlike BnW you ain't a lawyer is you?

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20-02-2015, 04:47 PM
RE: Federal Judge rules Obama's amnesty unlawful
He said nothing at all about an executive order. The entire ruling is focused only on an enforcement policy decision of the Department of Homeland Security. It has nothing to do with the larger questions of immigration policy. Not one thing.

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20-02-2015, 04:48 PM
RE: Federal Judge rules Obama's amnesty unlawful
Oh, and federal laws are changed only by acts of Congress. No exceptions.

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20-02-2015, 04:51 PM
RE: Federal Judge rules Obama's amnesty unlawful
(20-02-2015 04:48 PM)BnW Wrote:  Oh, and federal laws are changed only by acts of Congress. No exceptions.

Except when struck down by SCOTUS.

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20-02-2015, 05:04 PM
RE: Federal Judge rules Obama's amnesty unlawful
Well, that's not really a change, but fair enough.

The point is, this decision was not about what the op thinks it was about. It had nothing to do with Obama's executive orders or immigration policy in general. It was focused only on action taken by the Department of Homeland Security. That's it. That's all.

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20-02-2015, 05:43 PM
RE: Federal Judge rules Obama's amnesty unlawful
(20-02-2015 04:47 PM)BnW Wrote:  He said nothing at all about an executive order. The entire ruling is focused only on an enforcement policy decision of the Department of Homeland Security. It has nothing to do with the larger questions of immigration policy. Not one thing.
Do you know what DAPA is? The judge specifically was writing about DAPA, which is the executive order itself.

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20-02-2015, 06:02 PM (This post was last modified: 20-02-2015 06:05 PM by GirlyMan.)
RE: Federal Judge rules Obama's amnesty unlawful
(20-02-2015 05:43 PM)Patriot10mm Wrote:  Do you know what DAPA is? The judge specifically was writing about DAPA, which is the executive order itself.

Do you know what an Executive Order is? Which Executive Order is DAPA?

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20-02-2015, 06:22 PM
RE: Federal Judge rules Obama's amnesty unlawful
(20-02-2015 06:02 PM)GirlyMan Wrote:  
(20-02-2015 05:43 PM)Patriot10mm Wrote:  Do you know what DAPA is? The judge specifically was writing about DAPA, which is the executive order itself.

Do you know what an Executive Order is? Which Executive Order is DAPA?
And? Because it's not listed as an executive order it doesn't exist? DAPA was still ordered by Obama. It's his baby.

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