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Obama To Take Immigration Battle To Supreme Court After Yet Another Legal Setback

Tyler Durden's picture




 

President Obama’s push to shield non-violent immigrants from deportation has run into some trouble this year. 

Back in May, the 5th U.S. Circuit Court of Appeals in New Orleans ruled that an executive order on immigration designed to prevent the deportation of undocumented immigrants would remain on hold in the face objections from no less than 26 Republican state governors. 

As we said at the time, “this sets up a potential Supreme Court case which could end up pushing a final ruling on the matter into mid-2016, an outcome that would almost certainly cause the issue to become even more of a political hot button than it already is.”

That was before the rise of The Donald.

In other words, we had no idea how right we were.

The GOP sees Obama’s executive order as an example of executive overreach (which some lawmakers claim has become a defining characteristic of the administration) while The White House says it is by no means out of bounds for the President to ask Homeland Security to exercise an appropriate level of discretion prior to deporting immigrants with US family connections. 

Following the setback, we noted that Obama would attempt to make a stronger case for the overhaul but we also said that route jeopardized the program’s implementation because regardless of whether the President won on appeal, the case could eventually end up before the Supreme Court anyway, setting up the difficult proposition of attempting to create a complex bureaucratic infrastructure with a Lame Duck commander in chief. 

Well sure enough, the High Court it will be. Here’s The Times:

President Obama will ask the Supreme Court to clear the way for his long-delayed immigration overhaul, administration lawyers said Tuesday, setting up another high-stakes legal contest in the nation’s highest court over the fate of one of the president’s signature achievements.

 

The Department of Justice said in a statement that it will appeal a federal appeals court ruling that blocked Mr. Obama’s plan to provide work permits to as many as five million undocumented immigrants while shielding most of them from deportation.

 

“The Department of Justice remains committed to taking steps that will resolve the immigration litigation as quickly as possible in order to allow DHS to bring greater accountability to our immigration system by prioritizing the removal of the worst offenders, not people who have long ties to the United States and who are raising American children,” said Patrick Rodenbush, a spokesman for the Justice Department. “The Department disagrees with the Fifth Circuit’s adverse ruling and intends to seek further review from the Supreme Court of the United States. “

 

A ruling from the Supreme Court, which could come by next summer, is likely to be the last chance for Mr. Obama to begin carrying out the plan — known as Deferred Action for Parents of Americans — before handing the presidency to his successor in 2017, possibly to a Republican who could refuse to move forward.

 

On Monday, a three-judge panel from the United States Court of Appeals for the Fifth Circuit ruled 2-1 against the administration, keeping in place a ban on the president’s actions that was imposed by a federal district court judge in Texas last February.

And a bit more from Politico:

Obama's latest round of executive actions has been on hold since February, and delay in the issuance of the appeals court's ruling was raising doubt about whether the Supreme Court would have an opportunity to resolve the case in time to allow Obama to move forward with the programs before leaving office. 

 

The release of the 5th Circuit decision Monday appears to allow the Supreme Court enough time to take up the dispute this term, if the justices choose to wade into the issue. A favorable Supreme Court ruling would permit the administration to implement the executive actions next summer.

The stage is thus set and this means that if Trump gets the GOP nomination, you'll be in for some real fireworks surrounding any SCOTUS decision on Obama's immigration stance. 

Of course everyone pushing for wholesale deportation may want to be careful, because after all, there's jobs growth to worry about...

 

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Tue, 11/10/2015 - 15:29 | 6773660 pods
pods's picture

So who's going to pay for all this litigation?

Oh, US?  Thanks again Chalky.

pods

Tue, 11/10/2015 - 15:31 | 6773670 stinkhammer
stinkhammer's picture

"zebra" - george jefferson

Tue, 11/10/2015 - 15:39 | 6773705 Tonald J Drump
Tonald J Drump's picture

oh gee, i wonder which way SCOTUS will go on this one ?

Tue, 11/10/2015 - 15:40 | 6773710 Tonald J Drump
Tonald J Drump's picture

>>>>  Obama :  Traitor

>>>>  Obama :  Patriot

Tue, 11/10/2015 - 15:56 | 6773761 LowerSlowerDela...
LowerSlowerDelaware_LSD's picture

The Obama ball lickers are the exact ones who are hurt the most by Obama's policies.  Morons.

And who writes this crap: "President Obama’s push to shield non-violent immigrants?"  They are ILLEGAL immigrants ILLEGALLY in the country, ILLEGALLY taking jobs from people LEGALLY in the country who need work. 

The story typists keep calling them immigrants, giving the impression that non-leftist people want LEGAL immigrants deported.  Frick'n lying "news" corporations.

Tue, 11/10/2015 - 16:12 | 6773860 TBT or not TBT
TBT or not TBT's picture

They must think they still have solid leverage on Roberts.  

Tue, 11/10/2015 - 16:23 | 6773913 Surviver22
Surviver22's picture

Obama will not finish his second term! 

http://motivationdose.com/is-america-babylon/

Tue, 11/10/2015 - 17:17 | 6774205 Syrin
Syrin's picture

Well this is the way the Founding Fathers intended it to work right?   Five gov't employees wearing robes will render a legal OPINION that somehow becomes the law of the land and it's based mostly on political ideology rather than actual law.  I'm sure they intended to have so much power handed to such a small number of unelected people who are given life tenure.  

 

Oh, and the Fuhrer just can't hate America enough, can he?

Tue, 11/10/2015 - 19:47 | 6774768 nmewn
nmewn's picture

Dateline June 10 2016: In a stunning legal development, John Roberts sides again with "liberal" members of the court saying Obama's lack of enforcement of existing current US law is completely legal and goes one step further in declaring all illegals are now legal, adding in a statement "Only legal, taxpaying citizens need passports, visa's or identification to cross the national border, the documents are strictly a federal government revenue stream anyways." to the majority opinion.

In other news, up to one million people claiming to be illegal Canadians & Swedes have created traffic jams around all US international airports and along the Mexican border with reports coming in that the freeways are jammed with still more.

Tue, 11/10/2015 - 16:26 | 6773937 Winston Churchill
Winston Churchill's picture

His kids are strong leverage.

Lets face it, you will never be nominated for anything unless they have the goods on

you,whether you know it or not at that point.

Tue, 11/10/2015 - 16:34 | 6773986 TBT or not TBT
TBT or not TBT's picture

They must have the goods on every one of the Secret Service people who manage.to get close to Ogabe.  

Tue, 11/10/2015 - 19:11 | 6774633 robobbob
robobbob's picture

why are you beating around the bush? just come out and say it for those who haven't heard.

roberts children were illegally adopted from a baby mill and they have him by the balls.

and for that he's willing to sell out 300 Million people and two hundred years of history, over, and over, and over again.

Tue, 11/10/2015 - 17:51 | 6774357 TurnwiseWiddershins
TurnwiseWiddershins's picture

You need to check your racist sexist homophobic xenophobic white male privilege.

Oh you did check?  And it's doing just fine you say? 

You, uh...you what? ..... You mean to tell me that getting up and going to a job 5 days a week and being responsible with my finances and behavior toward others will do what for me....?

JUST GIMMIE FREE SHIT

Tue, 11/10/2015 - 15:51 | 6773762 piliage
piliage's picture

You want to know how this ends? Come to Euorpe's Capitol shithole, Brussels.

 

https://www.youtube.com/watch?v=uVTekA7n1sQ

https://www.youtube.com/watch?v=h1T_15IDAg8

 

Tue, 11/10/2015 - 16:16 | 6773883 ACP
ACP's picture

More commonly known as "Rapeistan".

Tue, 11/10/2015 - 15:52 | 6773764 Fukushima Fricassee
Fukushima Fricassee's picture

>> Obama Queer : Catcher

>> Obama straight : pitcher

Tue, 11/10/2015 - 15:53 | 6773769 E.F. Mutton
E.F. Mutton's picture

By now, Justice Roberts no longer has to be reminded of whatever they hold over him, so he should be quite pliable when needed. 

Tue, 11/10/2015 - 15:54 | 6773773 ebworthen
ebworthen's picture

If there is an inconvenient part of the Constitution you want to eviscerate, you take it to the Supreme Court.

Wed, 11/11/2015 - 01:15 | 6775995 glenlloyd
glenlloyd's picture

Actually you can't call them 'parents of american citizens' even if the baby was born in the US. The whole concept of the 'anchor baby' is false. Mark Levin talked about this issue a while back.

Tue, 11/10/2015 - 15:31 | 6773668 RabbitOne
RabbitOne's picture

Obama’s foreign born illegal immigrant population will turn America into a third world country…

Tue, 11/10/2015 - 15:38 | 6773701 Bay of Pigs
Bay of Pigs's picture

Take a look around, we're already there.

Detroit, Chicago, Oakland, Memphis, St Louis, Philly, Baltimore, New Orleans, etc....

"Shitholes Across America"

Tue, 11/10/2015 - 16:13 | 6773869 TBT or not TBT
TBT or not TBT's picture

...California

Tue, 11/10/2015 - 17:38 | 6774299 Bay Area Guy
Bay Area Guy's picture

The places you mention are third world shitholes thanks to native born folks. Even the illegals don't go there. They make their own third world shitholes in other places like pretty much any place in the southwestern US south of Interstate 80.

Tue, 11/10/2015 - 15:31 | 6773669 Newbie lurker
Newbie lurker's picture

If you want your border, you can keep your border.

Tue, 11/10/2015 - 15:34 | 6773679 rejected
rejected's picture

Taking it to the rubber stamping Suckpremo's. Work's like a charm every time,,, the Suckpremo's 'find' it's constitutional and all the griping quits,,, everybody moves on the the next gripe. 

Return to the line above.

Tue, 11/10/2015 - 15:34 | 6773687 DontFollowMyAdv...
DontFollowMyAdviceImaDummy's picture

"everyone pushing for wholesale deportation may want to be careful, because after all, there's jobs growth to worry about"

what jobs growth?!  WE'VE BEEN IN AN EVER-WORSENING RECESSION / DEPRESSION SINCE KING PUTT TOOK OFFICE!!!

Tue, 11/10/2015 - 15:36 | 6773693 SillySalesmanQu...
SillySalesmanQuestion's picture

This woul be a moot decision, except for the fact that the Administration, has some really good dirt on a couple of the black robes...

Tue, 11/10/2015 - 15:36 | 6773694 DocBarter
DocBarter's picture

Obama hates the white man.

Tue, 11/10/2015 - 15:47 | 6773754 rejected
rejected's picture

Hell,,, whites hate white men.White men are the most despised race/sex on the planet.

It is their fault for every known and unknown.

Tue, 11/10/2015 - 17:18 | 6774213 Syrin
Syrin's picture

Not hwne he's sucking one's schlong

Tue, 11/10/2015 - 15:53 | 6773695 JRobby
JRobby's picture

President Obama’s push to shield non-violent immigrants from deportation has run into some trouble this year.

President Obama's push to consolidate the Hispanic vote solidly with the Democratic Party before the 2016 elections is doing very well this year.

There will never be mass deportations. Never.

 

Tue, 11/10/2015 - 15:36 | 6773696 Francis Marx
Francis Marx's picture

Why don't they look up Obozo's immigration papers while their at it. 

Tue, 11/10/2015 - 16:08 | 6773840 Edward Morbius
Edward Morbius's picture

It only took him 6 years to photo shop a BC. Media embraced it.

Tue, 11/10/2015 - 15:40 | 6773709 Dr. Engali
Dr. Engali's picture

"The GOP sees Obama’s executive order as an example of executive overreach"

 

 

Lying fuckers. They're just as guilty as he is. The GOP is pissed because he gets all the credit will the illegals. 

Tue, 11/10/2015 - 15:41 | 6773720 Laddie
Laddie's picture

The frontman for the Tribe, B.O.

90% of US Naturalizations from 3rd World

In a further confirmation of the danger that legal immigration poses to America, new figures from the Department of Homeland Security (DHS) have revealed that 90 percent of all US citizenship naturalizations in 2013 were made by people originating from the Third World.

The NRA will fall. It’s inevitable. Just look at the demographics. The Washington Post, October 19, 2015
by Adam Winkler professor at UCLA School of Law

More than 160 Asian-American Groups File Briefs in Support of Affirmative Action
Emil Guillermo, NBC News, November 3, 2015
More than 160 Asian American and Pacific Islander groups have filed amicus briefs calling for the U.S. Supreme Court to uphold affirmative action policies at the University of Texas at Austin.

Federal 'welcome' guide for new immigrants touts welfare in 14 languages

First GOP Immigration Bill Under Ryan Would Lift Cap On Low-Skilled Foreign Workers

'MOST' ILLEGAL TEENS LOST IN USA
New information from a variety of sources further demonstrates that the Obama administration's handling of the continuing influx of illegal Central American family and youth border-crossers has been nothing short of a disaster. Government agencies and NGO contractors have lost track of most of the youth who have been released (or escaped) from shelters. Immigration court records show that about half of the "unaccompanied" alien children (UACs) do not appear for immigration court hearings. A recent murder of one UAC in Virginia by three others is a reminder that some of the kids are involved in gangs. And, because we let them, they keep coming; the number of new arrivals spiked again at the end of the summer, with twice as many Central American youth and families arriving in September 2015 as arrived in September 2014.

OBAMA TO DEFY COURT ON AMNESTY

3 MILLION MORE REFUGEES ON THE WAY

SWEDEN: Muslim Migrants Let Off With Wrist Slap For Violent Gang Rape of White Swedish woman

Professor Kevin MacDonald’s ‘The Culture of Critique’ Reviewed

The intellectual movements Prof. MacDonald discusses in this volume are Marxism, Freudian psychoanalysis, the Frankfurt school of sociology, and Boasian anthropology. Perhaps most relevant from a racial perspective, he also traces the role of Jews in promoting multi-culturalism and Third World immigration. Throughout his analysis Prof. MacDonald reiterates his view that Jews have promoted these movements as Jews and in the interests of Jews, though they have often tried to give the impression that they had no distinctive interests of their own. Therefore Prof. MacDonald’s most profound charge against Jews is not ethnocentrism but dishonesty – that while claiming to be working for the good of mankind they have often worked for their own good and to the detriment of others. While attempting to promote the brotherhood of man by dissolving the ethnic identification of gentiles, Jews have maintained precisely the kind of intense group solidarity they decry as immoral in others.

Prof. MacDonald claims that one of the most consistent ways in which Jews have advanced their interests has been to promote pluralism and diversity – but only for others. Ever since the 19th century, they have led movements that tried to discredit the traditional foundations of gentile society: patriotism, racial loyalty, the Christian basis for morality, social homogeneity, and sexual restraint. At the same time, within their own communities, and with regard to the state of Israel, they have often supported the very institutions they attack in gentile society.

Tue, 11/10/2015 - 17:26 | 6774252 Colonel Klink
Colonel Klink's picture

Just like Henry Winkler, who knew Fonzie was a joo too!

Oooooooooooooooyyyyyyyyyyyyyy!  Just doesn't sound as cool

Tue, 11/10/2015 - 15:41 | 6773723 Bill of Rights
Bill of Rights's picture

Obama:

" Why won't they let me destroy this Country as I see fit "

 

Worst president in the History of this Nation, makes Shrub look like a Nobel Peace Prize Genius...Oh wait.

Tue, 11/10/2015 - 15:42 | 6773726 rejected
rejected's picture

Out of 38 developed nations, only two grant immediate citizenship at birth.

Canada and Guess who?

 

The following are among the nations repealing Birthright Citizenship in recent years:

  • Australia (2007)
  • New Zealand (2005)
  • Ireland (2005)
  • France (1993)
  • India (1987)
  • Malta (1989)
  • UK (1983)
  • Portugal (1981)

 

From: https://www.numbersusa.com/content/learn/issues/birthright-citizenship/n...

Tue, 11/10/2015 - 15:51 | 6773763 CheapBastard
CheapBastard's picture

NZ and parts of Australia are still pretty nice but massively overpriced. Wait befor eyou move there for the collapse and house prices fall 50-70%...that'll be a good time to buy/move there.

Tue, 11/10/2015 - 15:46 | 6773747 E.F. Mutton
E.F. Mutton's picture

Another Civil War is inevitable.  Probably in my lifetime which is another 20 years or so.  The only question is how hot it will be. 

Tue, 11/10/2015 - 15:51 | 6773755 silverer
silverer's picture

There's really an easy way out for the states.  Just give the illegals their benefits the same way Illinois pays their lottery winners.

Tue, 11/10/2015 - 15:57 | 6773780 22winmag
22winmag's picture

Rescind everything!

 

I didn't vote for any of them.

Tue, 11/10/2015 - 15:57 | 6773782 Lostinfortwalton
Lostinfortwalton's picture

Well, I love Josh Earnest. I can see Herr Ernst on the railway platform greeting what's left of the American middle class to separate those who can still work from the one who will go straight to the gas chambers.

Tue, 11/10/2015 - 16:02 | 6773807 Rikky
Rikky's picture

The Marxist in Chief won't stop until he gets what he wants cause he's a meglomaniac and he knows what's best for us.

Tue, 11/10/2015 - 16:02 | 6773810 Rikky
Rikky's picture

I've been disgusted with some prior POTUS but this guy continues to elevate himself well above the competition with each passing day.

Tue, 11/10/2015 - 16:04 | 6773818 Vlad the Inhaler
Vlad the Inhaler's picture

Easy solution.  Strictly enforce the existing labor laws. 

Tue, 11/10/2015 - 16:04 | 6773821 Prophet of Rage
Prophet of Rage's picture

Who better than a Constitutional Lawyer to find ways to usurp the constitution??

Tue, 11/10/2015 - 16:26 | 6773936 Hongcha
Hongcha's picture

The most traitorous administration imaginable.  Bent on the destruction of their own country from the inside out and the outside in.  Bent to the task inexorably.  Just appalling to behold.

Tue, 11/10/2015 - 18:31 | 6774483 Clowns on Acid
Clowns on Acid's picture

Historically, bitter half breeds cause lots of problems.

Tue, 11/10/2015 - 16:28 | 6773945 farflungstar
farflungstar's picture

American people are sick to death of hearing about immigrants. Really we should follow Mexico's strict immigration laws, but that would somehow be rayciss:

  1. If you are a poorfag, you can't come in. Mexico has enough poorfags already, thanks.

  2. If you marry a foreigner, the green card takes less than 30 days to get and basically amounts to a criminal background check and verifying the veracity of your marriage documents (it takes 1-2 years to get it in the USA). The green card is good for 3 years and must be renewed.

  3. If you are caught being illegal, they beat you, put you in a sack, and dump you in Guatemala. They deport about 100K illegals every year. The minute they confirm your identity, they deport you. There is no appeal. There is no asylum. You're an illegal? Neat, go fuck yourself.

  4. If you try to influence politics, which includes bitching about the government or protesting because you don't get enough gibsmedat, you are going right the fuck home. If you commit a crime, you are going right the fuck home. If you came on a marriage visa and get divorced, you are going right the fuck home. If you came on a work visa and lose your job, you are going right the fuck home. Basically, if you aren't there to contribute, you can fucking go home because fuck you.

  5. Entering Mexico illegally is a felony (it is a misdemeanor in the USA).

  6. Mexico's southern border is heavily policed. There are 5000 police for a border of less than 600 miles.

  7. Any foreign national who acquires Mexican citizenship and later demonstrates loyalty to a foreign state or presents himself as a foreigner is stripped of his citizenship and sent the fuck home.

  8. Even if you're trying to get asylum legally, they give it to fewer than 300 people a year, so good luck building that clock in Tijuana, Ahmed.

http://therightstuff.biz/2015/10/22/america-should-be-like-mexico/

Tue, 11/10/2015 - 16:30 | 6773961 DosZap
DosZap's picture

"The GOP sees Obama’s executive order as an example of executive overreach (which some lawmakers claim has become a defining characteristic of the administration) while The White House says it is by no means out of bounds for the President to ask Homeland Security to exercise an appropriate level of discretion prior to deporting immigrants with US family connections.

 

Evidently the Judges also did too.As they stated Obama's Executive power did not give HIM the ability to MAKE LAWS by EO, but to apply them,not MAKE them.

IOW's his own MOUTH cost him the opportunity, the narcissitic prick.

Tue, 11/10/2015 - 16:45 | 6774047 BarkingCat
BarkingCat's picture

Just follow the law!!!

The Executive Branch otherwise known as Administration. You job is to administrate.

Congress is Legislative Branch. Their job is to legislate. This is who writes laws.

 

Obama is willingly breaking his oath of office. They should just impeach his ass.

Tue, 11/10/2015 - 16:54 | 6774096 johnlocke445
johnlocke445's picture

I hope to God that the Supreme Court refuses to hear the case.

Tue, 11/10/2015 - 16:59 | 6774120 AMPALANCE
AMPALANCE's picture

SCOTUS will rule against the indiginous white folks, too much privalage already. It's been preconditioned in our fine institutions of higher re-education.

Tue, 11/10/2015 - 17:09 | 6774170 loveyajimbo
loveyajimbo's picture

WAY past bedtime for Bonzo... aren't there any Marines left who take their OATH seriously?

Tue, 11/10/2015 - 17:15 | 6774190 Bazza McKenzie
Bazza McKenzie's picture

IF Obama wins this, he will effectively increase the executive power of an incoming Trump -- and Trump will use it.  The Dems might not find that to their taste.

Tue, 11/10/2015 - 17:33 | 6774284 Duc888
Duc888's picture

 

 

 

Bring 'em all in and give 'em bennies...

 

"The Obama administration has released an updated welcome guide for new immigrants in the U.S. featuring detailed sections about obtaining public benefits including food stamps, welfare, and Obamacare."

http://www.breitbart.com/big-government/2015/11/09/feds-welcome-guide-ne...

 

 

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