For the first time, a sitting judge has weighed in on the debate over President Obama’s deferred deportations decree. Judge Arthur J. Schwab, presiding over a deportation case in Pennsylvania, sent out a memo on Tuesday that accused Obama of moving beyond his executive authority when he decided to make law from the White House. In the process, Schwab hacked away at most of the administration’s legal rationale.
“President Obama’s unilateral legislative action violates the separation of powers provided for in the United States Constitution as well as the Take Care Clause, and therefore is unconstitutional,” Judge Schwab wrote in the memo. His words echo the basis of a lawsuit filed against the president by 24 states that have demanded justice be done.
Unfortunately, Schwab’s memo will have no effect on the president’s executive amnesty. And in delivering his criticisms, the judge admitted that presidents have some discretion when it comes to how they will enforce the law. However, he maintained, the president’s decision went well beyond the boundaries of that discretion by outlining a system where illegal aliens could find protection from deportation. He determined that was a matter for Congress, and that Obama had usurped that power when making the decree.
Schwab’s scathing memo may have no effect on the law, but it does provide a glimpse into what we may see as lawsuits progress. It has certainly become obvious that Republican leadership in Congress is not serious about challenging the president on amnesty. Therefore, the court system may be the last vestige of hope.
Someone Stop This Madness
Conservatives were dismayed when they realized Republicans were perfectly willing to fund Obama’s amnesty order with hardly a fight. After spending much of the previous year slamming the order as illegal and outrageous, GOP leaders ultimately shrugged and went along with it.
While Obama’s work permits and Social Security numbers could spell doom for the economy, the rule of law, and low-income Americans, they won’t bother law-breaking employers who have been skirting the ban on hiring illegal immigrants for decades. Now, out of the blue, they have been given an effective pardon from the president. Exploit away, unethical business community! Washington’s got your back!
The amnesty order also gives these employers a license to avoid the federal mandate on Obamacare. Because “legal” illegal aliens will not be eligible for federal benefits (tax breaks notwithstanding), employers may actually prefer to hire them. By issuing his executive order, Obama has undercut his own healthcare program and made it more difficult for American citizens to compete against the fence-hoppers.
The reasons Obama’s amnesty should be thrown out are numerous and compelling, but Judge Schwab pretty much said it all with one word: unconstitutional. Let’s hope that the judges who actually preside over the lawsuits feel the same way.