With the opening shots in the war over Executive Amnesty having been fired, the president’s move may have just taken a deadly shot before he has even implemented the plan.
On Tuesday, a Pennsylvania federal judge issued an opinion in an immigration case which threatens to gut the Executive Order on immigration prosecution, according to Breitbart.
The case before District Judge Arthur Schwab concerned an illegal immigrant, having already been previously deported, who was arrested for drunk driving. At issue was whether he might qualify for amnesty under the provisions of the Obama order.
In Judge Schwab’s opinion, “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.”
The court’s opinion is the first judicial response to the Executive Order and presents a precedent that gives way for judges in subsequent immigration cases – including the suit brought by 24 of the states – to nullify the president’s order.
John S. Baker, Jr. Louisiana State University Law School professor, said of the judge’s ruling, “The opinion of the Pennsylvania federal district court regarding the President’s Executive Action on Immigration came from an unexpected place, in an unexpected context; but the court was correct in stating that the Executive Action is an unconstitutional violation of Separation of Powers.”