U.S. District Court Judge Arthur Schwab is the first to declare Obama executive amnesty unconstitutional. That is, if he even signed the order which there have been conflicting reports about it. This will likely end up in the Supreme Court eventually.
While a small group of Senate Republicans were busy causing procedural chaos over the #CRomnibus, a lower-profile court case bringing a direct challenge to the constitutionality of Obama’s “executive amnesty” was quietly making its way through the federal court system.
And guess what—the conservative position won.
Although the decision declaring executive amnesty unconstitutional came down within the context of a criminal case, meaning that we don’t yet know what the courts would do in the civil context, the holding delivers a blow to those who have chosen to back Obama’s disregard for the separation of powers.
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| Judge Arthur Schwab declares Obama executive amnesty unconstitutional |
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Most notably, the court shot down the government’s argument that President Obama’s actions were justified because Congress failed to act. They disallowed Obama’s ticking clock theory, and instead redirected focus on the importance of maintaining the power balance.