by Rick Moran
Judges are directly challenging the power and authority of the chief executive that has routinely been exercised for 241 years.
New York's Attorney General Eric T. Schneiderman in a news conference today will announce a multi-state lawsuit on behalf of DREAMers.
Newsday:
The tortured logic and reasoning used by federal judges to overturn Trump's travel ban came down to a simple idea: federal judges know better than the president of the United States how best to protect the country. The Supreme Court will almost certainly see the issue differently, but that's where we are now. Judges are directly challenging the power and authority of the chief executive that has routinely been exercised for 241 years. The carefully crafted separation of powers that gives the president broad authority to protect the people has been trampled on by liberal activist federal judges – mostly Democrats – who refuse to acknowledge that their side lost the election, or worse, hold a personal animus against the president.
If Democrats want DACA to continue, all they have to do is prevail in Congress. Trump did not "end" the DACA program. He passed off the responsibility of formulating policy to the branch of government where it belongs: the U.S. Congress. And he gave them six months to deal with the problem.
Schneiderman is suing to maintain an executive order by the previous administration where legislation is clearly called for. A normal federal judge would laugh him out of court. But never underestimate the ambition of a federal judge who chafes at normal constitutional restraints and desperately wants to make law himself.
Newsday:
New York Attorney General Eric T. Schneiderman is expected Wednesday to announce a multi-state lawsuit to protect immigrants who as children were brought into this country illegally but who have been allowed to remain here as part of the Obama-era Deferred Action for Childhood Arrivals program.My first reaction was "Can he really do that?" Then I remembered: the Constitution doesn't matter. Federal judges just make stuff up as they go along, carving out exemptions and exceptions that make a mockery of the separation of powers and constitutional rights.
Amy Spitalnick, a spokeswoman for Schneiderman, said the office planned to file the lawsuit after 2 p.m. She declined to offer details of the lawsuit before that.
On Tuesday President Donald Trump announced he would end the DACA program but has since said he would reconsider his decision if Congress within six months is not successful in dealing with the issue of how to handle those brought to the United States illegally as children.
Advocates for these so-called Dreamers say the change in immigration policy would affect nearly 800,000 people being protected under DACA.
The tortured logic and reasoning used by federal judges to overturn Trump's travel ban came down to a simple idea: federal judges know better than the president of the United States how best to protect the country. The Supreme Court will almost certainly see the issue differently, but that's where we are now. Judges are directly challenging the power and authority of the chief executive that has routinely been exercised for 241 years. The carefully crafted separation of powers that gives the president broad authority to protect the people has been trampled on by liberal activist federal judges – mostly Democrats – who refuse to acknowledge that their side lost the election, or worse, hold a personal animus against the president.
If Democrats want DACA to continue, all they have to do is prevail in Congress. Trump did not "end" the DACA program. He passed off the responsibility of formulating policy to the branch of government where it belongs: the U.S. Congress. And he gave them six months to deal with the problem.
Schneiderman is suing to maintain an executive order by the previous administration where legislation is clearly called for. A normal federal judge would laugh him out of court. But never underestimate the ambition of a federal judge who chafes at normal constitutional restraints and desperately wants to make law himself.
Rick Moran
Source: http://www.americanthinker.com/blog/2017/09/new_york_ag_will_file_multistate_daca_lawsuit.html
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