That Weird "Rule of Law" Thingy

From the Times:

Dealt Setback, Obama Puts Off Immigrant Plan

WASHINGTON — One day before hundreds of thousands of undocumented immigrants were to begin applying for work permits and legal protection, administration officials on Tuesday postponed President Obama’s sweeping executive actions on immigration indefinitely, saying they had no choice but to comply with a federal judge’s last-minute order halting the programs.

The judge’s ruling was a significant setback for the president, who had asserted broad authority to take executive actions in the face of congressional Republicans’ refusal to overhaul the immigration system. White House officials have defended the president’s actions as legal and proper even as his adversaries in Congress and the states have accused him of vastly exceeding the powers of his office.

In a decision late Monday, Judge Andrew S. Hanen, of Federal District Court for the Southern District of Texas, in Brownsville, ruled in favor of Texas and 25 other states that had challenged Mr. Obama’s immigration actions. The judge said that the administration’s programs would impose major burdens on states, unleashing illegal immigration and straining state budgets, and that the administration had not followed required procedures for changing federal rules.

No mention of which President appointed Judge Hanen. Hard to believe that factoid would be omitted if it were a Dread Republican, but let's see - he was appointed by Bush 41 (who of course is the "Tolerable Republican", relative to Reagan and 43) and confirmed by a 97-0 Senate vote on May 9 2002. Hillarity! was in the Senate then, so the odds she was one of the three missing votes are slim. Yup, and now I am off to bet the ponies.

Comments

[henry]

Don't worry, Obama is here to save us with Rule of Man.

[Buckeye]

first?

[Buckeye]

nope

[henry]

Only in football, Buckeye.

[matt]

He and his minions have been subverting our immigration policy for the past 6 years. They will, as leftist ideologues, continue to do so despite the rule of law.

Someone posted an article on FB reporting that Obama had the nerve to condemn Egypt's airstrikes in Libya. Nothing in the MSM, but if true, just one more indication of how screwed we really are.

[rse]

Anyone else suspicious that a standing down announcement actually is something more than not wanting to anger the Fifth Circuit by flagrantly ignoring judge?

[sid]

The courts, at the behest of the Justice Dept have made Executive Order memos a legal quagmire. EOs can only compel action within the executive branch. The courts have weighed in by compelling states to perform services (issue drivers license among others) for illegal individuals for whom the executive branch has chosen deferred legal action. I do not see how the court system that has forced states to providing service as a result of executive branch order can deny standing.

[AliceH]

Anyone else suspicious that a standing down announcement actually is something more than not wanting to anger the Fifth Circuit

Actually, my first thought was the administration did their usual grossly incompetent job of preparing to roll out a new program, and the PI by the judge gave them a much appreciated excuse to delay that avoided making their future voters mad at them.

[Ignatz]

The chimp's eye view;
A Judge's Assault on Immigration.

[Captain Hate]

AliceH, their track record on roll outs is worse than anything imaginable and would be inexcusable in the bidness world; heads would have rolled or organizations have closed up shop. They don't learn from it nor do they seem to care. Erosion of trust in the system might be an end game no matter how awkwardly done.

[Strawman Cometh]

re: MM's sales drop. I haven't seen it reported anywhere, but have heard, from a friend of a guy who runs a temp agency, that the IRS has a program, enforced at the employer level, to strip deductions from withholding and forcing higher tax payments. Presumably this to force the taxpayer to have enough of a refund to cover his 0care fine.

[Extraneus]

The other thing that is sickening about this administration is how they are falling all over themselves making excuses for the Islamic jihadi barbarian butchers.

I figured it out, Janet.

It's all about preventing a backlash. Obama, the Democrats and the MSM are all afraid of riling us up.

This is why they constantly embarrass themselves. This is why they censor the news, refuse to utter the words "Islam" and "terrorism" in the same sentence, and preach the nonexistent Koran of peace.

Fear. Of us.

[Jeff Dobbs]

Uh oh.
1. Stop Obama's EO.
2. Illegal immigrants denied jobs.
3. Joblessness leads to mass beheadings and burning people alive.

[Strawman Cometh]

The proper term here is exemptions, not deductions.

[Extraneus]

Incoming Oregon governor to call for restoring trust, as Kitzhaber steps down

Um, can a bisexual be trustworthy?

Which partner would trust her?

[Danube on iPad]

Wish I had some idea how this case was going to come out. I don't, but I'm optimistic.

[Rick Ballard]

SC,

Let's not forget all the increased deductibles for BOzocare which have just kicked in again. Some thought should be given to the reduction in OPM availability due to removal of extended unemployment benefits as well. The supply side of the equation can't be ignored either. The liquidity squeeze may well be emptying attics and basements - or living rooms - as virtuous frugality sweeps the nation.

[Threadkiller]

What doe Tribe have to say today?

[Miss Marple]

Catherine Herridge just reported that the Yemen embassy didn't get all of their files destroyed, had to access the computers remotely, and left intact six hard drives with financial information, passport data, and visa applications.

It occurs to me that Marie Harf might be the smartest person at State.

[Miss Marple]

Rick,

I think as you do. Time to haul out the practical items I was holding until later in the year (due to them being bulky). Old pressure cookers for canning, used steam irons, etc.

Maybe silver will go up soon and I can sell some of my stash.

Snowplow going by again.

[Threadkiller]

Actually, my first thought was the administration did their usual grossly incompetent job of preparing to roll out a new program, and the PI by the judge gave them a much appreciated excuse to delay that avoided making their future voters mad at them.

I like this line of thought.

The injunction is nothing more than a teacher grading and correcting a rough draft. Now they can write it right.

If anyone missed* my Smokey Yunick links, one of his notable revelations was when he stopped reading the rule book for the rules that were in it and started reading it to understand the rules that were not in it. He counted on NASCAR giving him guidance after the fact.

*joke

[Jane]

Wish I had some idea how this case was going to come out. I don't, but I'm optimistic.

Me too. Here is my guess based on no legal knowledge at all.

The 5th circuit will decline to act until the merits of the case are decided. By then Obama will be out of office and the executive order will just melt away.

[Ignatz]

Barry can't bring himself to call the "violent extremists" muslims but we are making progress in that he now admits the Fort Hood and Benghazi assassins were in fact terrorists.

[henry]

Jane, the 5th applying Strategic Patience?

[James D.]

It occurs to me that Marie Harf might be the smartest person at State.

Frightening as that sounds, it could well be true. The people who hired her, trained her, and installed her as a spokesliar can't be any smarter than she is. And clearly Kerry has the IQ of a bowl of cold oatmeal.

[NKONIPAD]

i agree with the Alice@1029 -- the LaRaza types are wondering why their illegals can t vote yet. This is a convenient excuse.

[pagar]

ISIS as a protected class by the US.

http://www.libertynews.com/2015/02/breaking-unreal-obamas-pentagon-rebukes-egypt-for-bombing-isis-says-u-s-does-not-support-their-attacks-on-isis/

Miss Marple @ 10:58

We must have the most incompetent embassy abandoners in the world.

" left intact six hard drives with financial information, passport data, and visa applications."

How long does it take to grab 6 more hard drives?

[Cecil Turner]

That NY Times article is a typical product of the pro-DemAdmin prog propaganda mill. It's got the usual silly speech tags (e.g., Republicans "claim," Democrats "inform" or "reveal"), and even those were overhyped; Gov Abbot was excited (about nothing), the judge's ruling was biased, of course ("To get to where he clearly wanted to go") and ignored constitutional law:

He danced around the fundamental point — as the Supreme Court reiterated as recently as 2012 — that setting immigration policy is the prerogative of the federal government, not the states.

But, funny thing about that linked precedent, it doesn't say "prerogative of the federal government" . . . it says:

The appellate court affirmed the district court's decision, holding that the United States had shown that federal law likely preempted: (a) the creation of a state-crime for violation of federal registration laws [. . . emphasis added]

Somehow I don't see the equivalence between an executive order clearly at variance with congressional intent (Youngstown Sheet & Tube anyone?) and federal law, and I seriously doubt any legal scholar would view them as having the same impact . . . at least if the president were a Republican.

[Miss Marple]

Pagar,

Silly me. I thought they were delaying leaving so they could take care of this stuff.

Why, it's almost like they wanted the Iranian-backed rebels to have that information.

But that's a silly thought, isn't it?

[Jack is Back!]

BTW, Beagles Rule!

[Jack is Back!]

BTW, Beagles Rule!

[henry]

Walker hired staff in NH. Anyone know anything about these guys?

[exdemocrat]

"...in the face of congressional Republicans’ refusal to overhaul the immigration system."

US Constitution re-set.

[Jack is Back!]

How did that happen?

[Old Lurker]

What would they want with files on on the locals who applied for visas to flee the country, I wonder?

[Jack is Back!]

henry,

He's Kelly Ayotte's muscle. Bush probably has all the Sununu crew.

[henry]

Thanks JiB.

[MarkO]

Obama, who can't say the Egyptian "citizens" who literally lost their heads were "Christians" because there is no point in over-identifying, was quick to note that the Ferguson "citizen" was black.

Maybe he's not good with adjectives.

[exdemocrat]

Well said, Cecil. The legal issue is executive overreach not immigration.

[Appalled]

How did that happen?

Beagle jedi mind trick. Right this minute, I bet you are feeding them those steaks your were saving for the cookout on the beach...

[pagar]

Don't worry, the Obama Admin is perfectly capable of keeping a secret.

http://www.independentsentinel.com/stunning-barack-obama-refused-to-share-intel-with-egypt-and-jordan/

[Janet - I wish my family had a poncho]

" left intact six hard drives with financial information, passport data, and visa applications."

There was just that State Dept. Q & A where the chick was saying nothing was rushed...they had plans all ready. She was floundering around about why the guns had to be left but she said they've had plans.

Just lie, lie, lie...

[Captain Hate]

Why, it's almost like they wanted the Iranian-backed rebels to have that information.

But that's a silly thought, isn't it?

It's not like this is the first foreign intel asset they've burned. I don't know how long it will take, if ever, to rebuild the trust between us and our allies that this crew has destroyed.

[pagar]

But since foreign policy is not a very important part of US political activity;50 % of some nationality still approve of Obama.

Amaxing!

By a 51%-41% Americans do not like the way Obama is handling foreign policy.

http://yidwithlid.blogspot.com/2015/02/new-poll-americans-want-netanyahu-to.html?utm_source=dlvr.it&utm_medium=twitter&utm_campaign=Feed%3A+blogspot%2FNWlS+%28YID+With+LID%29

[Old Lurker]

About as long as it will take me to trust us, Cap'n.

[Threadkiller]

Blazing Whitehouse Xerox multitask workstation:

“The administration is printing work authorizations. it is affirmatively acting in contravention of federal law, basically, what it’s doing is counterfeiting immigration documents,..

http://www.breitbart.com/video/2015/02/17/cruz-obama-essentially-counterfeiting-immigration-documents/

Somebody gonna have to go back and get a shitload of toner..

[NKONIPAD]

Riding the train in from Porch's home town Fairfield to OL's favorite public space Grand Central. It s a bright day (I usually ride the train pre dawn) and the view is astonishing. It looks like suburban Montreal. The Westport marshes are frozen over, the Mianus river harbor is ice filled and snow covers everything.

[sid]

I agree with Cecil @ 11:15.
I have read a couple of so-called legal scholars reference the supremacy of the Federal Government regarding immigration issues as logic for both lack of standing and failure to prevail on the merits. That dog does not hunt. This is not about a law or any action of the Government; it is an administrative agency action acting as directed by the executive in specific opposition to federal law. Supremacy of federal law is not applicable as there is no law giving rise to any conflict.

[NKONIPAD]

Maguire should correct this post. Hanan is on the bench from a Bush 43appointment, as his Bush 41 appointment lapsed. TM is off to bet the ponies?

[Danube on iPad]

"that setting immigration policy is the prerogative of the federal government, not the states"

The states are not seeking to set immigration policy. They are insisting that the federal government follow the constitution and the APA when it does so.

[NKONIPAD]

I haven t read the briefs, but from the decision, I believe Sid is correct.

[exdemocrat]

Fwiw, I think the states' EO case will be fast-tracked to the SCOTUS, and like others here am by no means certain how it will come out. This is not because I believe the issue is a close call, but because SCOTUS has 4 liberal justices and 'standing' provides them with a fig leaf to hide their ideology.

[Jack is Back!]

Appalled,

After their victory at Westminster last night every Beagle in America gets a 12oz. T-bone for dinner.

[Captain Hate]

GOPe fainting couch status: Full occupancy

http://weaselzippers.us/214499-rep-robert-pittenger-r-nc-called-benjamin-netanyahu-the-winston-churchill-of-our-time-and-president-barack-obama-the-neville-chamberlain/

[sbwaters]

The NYTimes takes sides with a headline presuming a stay is an assault on immigration.

How disturbing that should be to any reader.

[Old Lurker]

But Jeh Johnson on Fox, after reminding us that he has been a lawyer for thirty years, said he had read the entire 123 page decision and disagreed with it. So there.

[Jack is Back!]

Isn't Kagan recused if the EO case gets to SCOTUS? I faintly remembering that when she was SG or even before she worked on some legalization agendas or legislation?

[NKONOPAD]

And yet GOPe invited Bibi

[Captain Hate]

Next time use 404 or JEF:

http://weaselzippers.us/214538-dem-rep-luis-gutierrez-outraged-greg-abbott-disrespected-barack-obama-by-calling-him-barack-obama/

[Captain Hate]

And yet GOPe invited Bibi

NuGOP

[NKONOPAD]

Who isJeh Johnson?

[Dublindave]

Rule of law,Constitution,subversion of powers blah blah blah blah blah...let's talk about what exactly it is the Republican party wants. Let's talk about what it is you want? Yes you,reading this.

There are millions of families in the United states with more than one or two illegal members and you,yes, you reading this want said illegal family members ripped from their children,ripped from their wives,ripped from their husbands and deported so that they'll never be re-united again.

What's wrong with saying what it is you want? There's no shame in it,right?If a 4 year old child has to have her father pried from her and sent back to his country while she cries then that's probably what Jesus would have wanted.Right?

So let's not have a conversation about boring things like "rule of law" and "constitution", because everyone knows that they're comfy buzz words that hide the true ugliness of your nativist party. Let's have a long drawn out conversation about ripping American familes apart to appease the racists in the Republican party. Yes,you reading this.

Let's have this conversation in detail and let's have it running into the 2016 election, day in day out and let's get into this...let's have the human stories of kids crying as daddy is wrestled to the ground and dragged away....let's get the take of some of the more open members of the Republican base....let's hear hat they have to say about all the brown and black people and let's juxtapose those views with the right's attack on the President's executive action on immigration.

[GUS]

Forging, creating documents??

[Captain Hate]

Jeh Johnson is head of Homeland Security. Don't you feel safe with somebody named Jeh in charge?

[Jeff Dobbs]

Weather Channel app on my phone shows the hourly with 0% chance of precip until 3pm.

Then 35% at 3 and 4.
Then 0% at 5 and 6.
Then 20% at 7, 8 and 9.
Then back to 0% for the rest of the night.

The Forecast write up for today says: Chance of snow 90%.

[Buckeye]

Fox interviewer should have ask Jeh which points he disagreed with and why.

Bet he didn't read any of it.

[Dublindave]

On the up-side of the Judges ruling, look's like Boehner and his ilk will cave on DHS funding.

Republicans caving on a funding fight.How original.

I have a question and it's a serious question one;Do you guys not get tired of being humiliated in funding fights? Forget all the other humiliations and just concentrate on this particular category...funding.

You continually get rolled and humiliated by us Dems.

Maybe you like? Maybe it's a weird dominated sexual perversion thing?

[GUS]

Hey Douchebag. My Father died when I was 10 months old. My Mom was 24 and had 3 children. She was from a foreign country and a widow at 24. She left America for her homeland. SHE TOOK US WITH HER. We were all American born citizens.

Fuck yourself Douchebag.

[Dave (in MA)]

Hit, add the 35s together, plus the 20. 90. There ya go.

[NKONOPAD]

DD! Children dragged away from their loved ones? Meh -- Billy Clinton did that with a child in Miami at submachine gunpoint, andhe and his mom emtered the USA LEGALLY. Billy C also incinerated a large number of native born americans. It ll be fine, just leave it to the grown ups DD.

[Captain Hate]

dumbassdave just got kicked out of some movie house for spanking it to 50 Shades of Grey

[Porchlight]

There are millions of families in the United states with more than one or two illegal members and you,yes, you reading this want said illegal family members ripped from their children,ripped from their wives,ripped from their husbands and deported so that they'll never be re-united again.

Yes, me, DD.

There is nothing preventing the children, wives and husbands from accompanying their deported family members right out of the country. Families stay together, everyone wins.

[Captain Hate]

The mask is off:

http://acecomments.mu.nu/?post=355047

[Janet - I wish my family had a poncho]

Le Shoebart @theshoebart
Follow

"ISIS adherents have legitimate grievances but Republicans can piss off." -The President of the United States

[sbwaters]

So when Obama calls the German leader Angela, does that signal disrespect?

Rhetorical question.

[Janet - I wish my family had a poncho]

SA Jones @GFVAMom
Follow

@redsteeze Before you behead me, can you please fill out this form explaining your legitimate grievances. Thanks.

from here via Captain's Ace link - http://twitchy.com/2015/02/18/sounds-like-festivus-president-obama-gets-mocked-for-saying-extremists-have-legitimate-grievances/

[Man Tran]

Catching up:

Frau,

The most important man in my life, after my father, is a Viennese Jew who as a child fled Hitler with his family and ended up in China under house arrest by the Japs. He made it here after the war and made it through MIT to become the master of the niche discipline that I found inspiring. He had 1000 students who collectively have had significant impact on this world. He's still with us, but sadly has lost his brilliant mind to old timer's disease.

Rick,

I LOLed at your mention of midnight basketball as we had just popped to that idea earlier.

Re Valley Girl Harf: it seems to me that the ragheads have already been exercising their entrepreneur spirit with the harvesting of body parts. What more could she ask for?

[Janet - I wish my family had a poncho]

Equality 7-2521 @Major_Skidmark
Follow

@redsteeze @edhenry @jonkarl Boko Haram & ISIS have legitimate grievances but those f'in Teabaggers were TERRORISTS!

[lyle]

You're not nuanced enough to understand the deep thoughts of Buffy, Man Tran.

[GMax]

Dont look now, but common sense may have even arrived in the land of fruits and nuts:

The leader in the race to replace retiring U.S. Senator Barbara Boxer (D-CA) in America’s most liberal state is… Republican Condoleezza Rice, according to a new Field Poll released Wednesday. Rice, the former Secretary of State and Stanford don, is backed by 49% of voters–ahead of Attorney General Kamala Harris, the liberal Democrat who was the first to declare.

The poll, which sampled 972 likely voters in California, presented respondents with a list of 18 potential candidates and asked if they “would be inclined or not inclined to vote for that person,” with no limit on the number they could support. Rice led among both male and female voters, and did well among Latino voters, though the top choice for Latinos remains former Los Angeles mayor Antonio Villaraigosa.

[GMax]

Field is generally regarded as the oldest and most reliable pollster in California, for what that is worth.

[Jane]

Jeh Johnson is the guy who wrote the immigration law that is currently before the court.

Jane, the 5th applying Strategic Patience?

Make sense to me, apparently it is the most conservative court in the nation. If so, that's the least it could do.

BTW last night I mentioned Britt Hume's opinion of Obama's strategy. IIRC he said he believed that Obama's strategy is to establish a collaboration with Iran to fight Isis, which is why he is rolling over on nukes and screwing our allies. That is a perspective I hadn't thought about.

[Dublindave]

"There is nothing preventing the children, wives and husbands from accompanying their deported family members right out of the country. Families stay together, everyone wins"

Ding ding ding!!!!!We have a winner, come on down!!!!

This is going to be really beautiful.We're going to war on behalf of the largest growing demographic in the United States against a political party that deeply despises said growing demographic.In the ensuing fight we get to turn off even more young people from a right-wing party that's stuck in the 1950's.....perhaps even 1850's.

But hey,at least you Republicans will have calcified your support among have the hilly billy-hee-haaaaw-loving three toothed incestuous southerners.

[James D.]

Going back to last night's comments in the previous thread about Roosevelt and what he did/didn't do to help the Jews of Europe...

There's a quote from Roosevelt: “You know this is a Protestant country, and the Catholics and Jews are here under sufferance.”

I imagine that, if you substitute "progressive" for "Protestant", Obama and most of his followers would have no problem with that statement.

I also find it amazing, even with the MSM mythologizing, that Dem Presidents are celebrated despite their clear personal and policy failures.

FDR extended the Depression by a decade, turned away refugees fleeing Hitler's gas chambers and expanded government in ways completely antithetical to the Constitution.

JFK was a drug-addled sleazeball whose mobster father bought him every election he ever won, nearly miscalculated us into a nuclear war, and handed the Attorney-Generalship to his even more loathsome brother, who used the FBI to wiretap his political enemies and likely had Marilyn Monroe murdered.

etc etc etc.

And these people are held up as heroes.

[Old Lurker]

Is Harf the one who wears the glasses to make her look like Rick Perry?

[NKONOPAD]

Concern noted DD. Now goodbye.

[Captain Hate]

Don't forget Saint Woodrow Wilson, James.

[Janet - I wish my family had a poncho]

That would be a great question, OL!

Why are you trying to look like Rick Perry?

[lyle]

I swear if I'd been in a coma for the last 30 years and just woke up to catch video of a smug, ignorant bint like Buffy as a spokesperson for the US State Dept., I'd have thought out country had been taken over by idiots. And I would have been correct. Breathtaking, actually. And very depressing.

[Jane]

Is Harf the one who wears the glasses to make her look like Rick Perry?

Yes. She's trying to get over the "dumb blond" look. I just go with it.

[Captain Hate]

State's been a cesspool of traitorous scum for a long time, lyle. The more ridicule the Boobsie Twins can heap on it, the better.

[Old Lurker]

"Obama's strategy is to establish a collaboration with Iran to fight Isis"

You mean the Iranians who wasted 1M of their yoots fighting but not beating Iraq - the army we defeated in what, 20 minutes?

Oh I see. The best way to get lasting peace is to bind ourselves to the Persians so we can beat those Arabs and while at it, bond with the 10% of the Islam world which is hated by the other 90%.

We were better off with Strategic Patient with the boss on the golf course, his witch of a wife on the slopes, and the government closed because of 2" of snow.

How's that?

[Old Lurker]

"She's trying to get over the "dumb blond" look."

Why not just dye it red?

Oh.

Nevermind.

[Old Lurker]

If Harf thinks the ME problems can be solved with more jobs, why not just ask our BLS to redo their numbers?

[Old Lurker]

I can stop anytime.

[Dublindave]

"I swear if I'd been in a coma for the last 30 years and just woke up to catch video of a smug, ignorant bint like Buffy as a spokesperson for the US State Dept., I'd have thought out country had been taken over by idiots. And I would have been correct. Breathtaking, actually. And very depressing"

This is why Republicans can't be trusted with foreign policy-the Nethanyahoo debacle being a recent example and this latest manufactured-for- fox-news controversy.

It's the need to "Benghazi" everything like a hysterical high school girl or one of the little bitches from Arthur Miller's the crucible.

You're too childish to handle world events and the American people recognize this.Oh, look a scandal.....quick a scandal.....go go go....there's a good dog.

Harf was spot on with her analysis.No terrorism expert in the world thinks the problem can be solved by killing every last terrorist and one of the main causes of violence usually stems from a failing economy.

Sigh.

Quick quick...Obama caused Benghazi......quick quick!!!!

[Jeff Dobbs]

OL:
Is Harf the one who wears the glasses to make her look like Rick Perry?

Harf's glasses?

Hold my beer. Watch this.

brb

[Miss Marple]

You don't have to kill all of ISIS. You have to kill enough of them that they are driven from their territory, so that they do not control land and therefore cannot start their Caliphate.

Then you arm (and I mean REALLY arm) the Kurds, Jordan,. the UAE and Egypt.

And you tell Qatar they either quit funding ISIS or they will be hit too.

Also, I want all of these Muslim Brotherhood troublemakers deported.

[Cecil Turner]

Hey, who cares about the rule of law? It's not like those in power would be involved in capricious prosecution of innocents, right? I mean, as long as you don't do crazy stuff like make fun of Islam, defend yourself with a legal weapon, or get falsely accused of sexual assault, you're good to go, right?

The fact that the Democrats are quite willing to sacrifice the rule of law on the altar of passing political power explains in large part why they'll lose the next election (and then rediscover the rule, natch) . . . ironic, neh?

[Danube on iPad]

I'm pretty sure Condi will never run for any office (except NFL Commissioner).