“The Courts and Obama’s Rape of the Constitution”
When the State of Texas filed a law suit against the Obama Administration over the President’s by-pass and head fake of Congress in his uber-political move to legalize up to five million illegally-present people, critics of the law suit cried foul, the immigration mess must be fixed now!
When a federal district court in Brownsville, Texas, enjoined any implementation of the President’s Executive Order, the critics cried foul, the immigration mess must be fixed now!
When the Fifth Circuit Court of Appeals upheld the district court’s injunction last month, the critics cried foul, the immigration mess must be fixed now!
In Fox News Latino, New York lawyer, CNN contributor, Raul Reyes is one of the critics. He wrote, “This request for an extension should dishearten anyone who is dissatisfied with our current immigration system…It means that the Texas Attorney General may further delay a case that has been politically motivated from the start. It means that our dysfunctional status quo on immigration will remain unchanged in the near future.”
What this is all about, of course, is the Executive Order signed by President Obama in November, 2014, after the midterm election that attempts to legalize up to five million people here illegally. Most targeted were those with children who are American citizens or they have been here a longtime or have citizen relatives who will vote Democrat as thanks to Democrat Obama.
Congress had killed the Dream Act that would have legalized minors brought here illegally when five Democrat Senators voted to kill the bill that enough Republicans had voted for, for it to pass. House Republicans refused to vote on the successful “Gang of Eight” Senate immigration reform bill that passed with 68 bipartisan votes.
The Dream Act, with bipartisan support, would have legalized many who had been brought here illegally as children who had never lived in their country of birth. The successful Senate immigration bill would have reformed the entire immigration system and mess it has been for years. As neither passed, the immigration mess continues.
Then President Obama took matters into his own hands and issued what many think is an illegal Executive Order that he, himself, said 22 times, he “didn’t have the power or authority to do” that is, legalize the illegally here. That authority, most everyone agrees, is in the hands of Congress as it is specifically mandated by the Constitution in Article 1, Section 8.
When the 5th Circuit Court panel upheld the district court’s injunction, the plan to appeal to the United States Supreme Court (SCOTUS) by Obama’s Justice Department was seriously affected when, in response to the appeal to SCOTUS, the lead plaintiff in the original law suit, the State of Texas, asked for a normal 30-day extension that lawyers use all the time, much to the consternation of us little people.
You would have thought that the request for an extension was the equal to a massacre of a 1000 people the way Attorney Reyes reacted. The request is standard in all law suits. Some lawyers are busier than others. What is hilarious is that in this case Obama’s supporters, like Reyes, bemoan the requested delay while they cheer the Obama State Department’s several year-long-delay in Freedom of Information Act requests of things like former Secretary of State Hillary Clinton’s e-mails or her daily calendar or phone logs.
The problem, according to Attorney Raul Reyes is that if the delay is granted, SCOTUS will not take up the appeal in this term that ends in June 2016. Thus there would be no decision on the injunction until after Obama leaves office.
Shucks, there goes Obama’s legacy.
But actually and Attorney Reyes knows this, Obama’s legacy went into the ashcan of history at the end of the congress that went into office when he did. Reyes needs to be reminded that for the first two years of his administration the House of Representatives was Democrat as was the United States Senate. Despite that unified power and despite Obama’s campaign promise to fix immigration in his first year, he didn’t. He didn’t even mention it.
Another reminder, the present mayor of Chicago, Rahm Emmanuel, served as Obama’s Chief-of-Staff and he was widely quoted as saying that immigration reform would not happen in the first term. Why? We can posit that it might have cost Obama’s reelection.
So, while critics like Raul Reyes bemoan a potential delay that would keep SCOTUS from deciding the issue of whether or not the Obama Executive Order and the mass legalization it would authorize and implement is constitutional, the rule of law and the Constitution of the United States stand. That, despite the efforts by President Obama to bypass the law and the Constitution.
President Obama is singularly responsible for the immigration dysfunction of today. He could have fixed it in 2009. He didn’t for political reasons, specifically, his reelection in 2012.