Discussion for article #231256
“wrote U.S. District Judge Arthur J. Schwab, who was appointed by George W. Bush”
Need we say more?
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So similar actions by Presidents Reagan and HW Bush were illegal also?
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What the President did was to employ prosecutorial discretion–which is one of the things that presidents (or at least administrations) do every day. The Third Circuit will knock this decision down, probably without delay.
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From Wikipedia: “It was Schwab, who in 2003, presided over the case involving Tommy Chong for conspiracy to distribute drug paraphernalia (bongs), and sentenced him to nine months in federal prison, as well as a hefty financial penalty.”
This judge is just plain evil.
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Well, remember that for more than two centuries, nobody had a problem with recess appointments, either, until the black president made a few.
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Um…how can they rule on something that has not yet happened ?
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The Court put the horse before the cart.
This case is a criminal proceeding for illegal reentry into the United States. The Court asked whether the recent executive order would apply to the criminal defendant. The Government said no, and the Defendant said yeah maybe.
Instead of determining whether the executive order applied, the Court just skipped that question and went into a lengthy analysis explaining why the executive order was unconstitutional. That seems procedurally inappropriate to me.
Also note that I do not believe this order binds the Government at all from enforcing its executive order, it just denies the Defendant the right to invoke the executive order. If it applies, which the court never determined, see above. So a pretty limited holding with reasonsing that would only apply where the Government was prosecuting someone who claimed they were entitled to deferred action under the executive order.
Meh.
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Don’t be silly. They’re not Muslim, Kenyan, communist fascists with socialist tendencies who want to take away our guns. They’re white guys.
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This will not stand, man. This aggression will not stand.
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Fortunately for the Nutbaggers, they’ve got the most extreme right wing, openly ODS afflicted Bush appointee in the federal judiciary lined up to rule similarly in Texas, where it will go to the most right wing Circuit Court of Appeals in the federal judicial system for affirmance, thereby teeing up a circuit conflict for SCOTUS, where at least one seat is likewise held by an openly partisan ODS-afflicted angry old man who will be ready to vote before the briefs are filed.
-update-Not that SCOTUS right-wingers apparently a circuit conflict to give a facade of regularity to their raw judicial activism anymore. That’s so pre-Bush v. Gore, back when they believed there might be some kind of price to pay for rawly partisan hackery in terms of lost legitimacy.
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No. Precedent set by Reality vs IOKIYAR.
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Even more interesting: according to the Judge, the defendant arrived in court because of the “arguably unequal and arbitrary enforcement of the immigration laws”. From this, and in a case brought by the US that presumably didn’t challenge the Executive Order, the Judge declared it unconstitutional.
Breathtaking.
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Gee, what a surprise. Another negative news story concerning the President written by Sahil Kapur. Every story on TPM that has a negative spin on the President is written by Sahil. So reprehensible.
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Something not one reporter will mention if this story gets covered in the MSM.
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This won’t mean much, assuming Ginsburg stays healthy.
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Aaaaah, western PA…wants soooo bad to not be part of PA. Judge shopping FTW, because let’s face it, the dude skipped over any analysis of standing so he could get to the pre-determined conclusions part of his decision.
“The judge quoted past statements by Obama”
Showing that the decision is politicized.
“Echoing a common Republican argument”
Showing that the decision is politicized.
“Congress’s lawmaking power is not subject to Presidential supervision or control. … Perceived or actual Congressional inaction does not endow legislative power with the Executive.”
Chiding Obama by rebutting an argument that NOBODY was making…showing that the decision is politicized.
Teatroll Rosetta Stone says: “Ain’t no fucking n-bomb gonna tell me what to do.”
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Don’t be ridiculous. They were white.
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This badly needs to be upgraded to IOKIYAWP-It’s OK If You’re A White President
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A reminder what will happen to the courts if a GOP slob wins in 2016.
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