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.
This is the first judicial opinion to address Obama’s decision to expand deferred action for some individuals unlawfully present in the United States. [I’ve now posted the opinion here.]
Read the rest of Jonathan Adler’s article for the background to the case. It seems the judge didn’t have to consider the constitutional question to reach a decision in the case, but…. he went there. If this goes all the way to the Supreme Court (and I don’t see why it wouldn’t, but I’m not a lawyer), I wouldn’t bet on Obama getting an easy win; his administration has been slapped down by the Court on 9-0 votes several times — in other words, including his liberal appointees Kagan and Sotomayor.
Between this, the lawsuit of brought by 17 (now 24) states against the action, and the pending crucial Obamacare case, the Supreme Court’s end-of-term announcements of its decisions should be very interesting. Be sure to stock up on extra popcorn.