Posted by Curt on 20 November, 2014 at 7:32 pm. 1 comment.


Mickey Kaus:

With Obama’s executive amnesty imminent, anonymous White House aides are cockily dismissing John Boehner’s threatened lawsuit against it as a stunt. Even among opponents of executive amnesty — and I’m with them — there’s a tendency to pooh pooh the suit. It’s a loser, it will take forever to decide, it’s an attempt to ‘redirect Republican rage’ away from budgetary remedies like denying funding, etc.

Not so fast. I’m all for giving defunding a try — also holding up appointments — but don’t sell the lawsuit short. I’ll even go so far as to lay down an Yglesias style marker: If Obama’s executive action is as broad as described, the Supreme Court will strike it down.

I’m not saying this because I’ve researched the technical issues in the case — thescope of executive authority under § 103(a), 8 U.S.C. § 1103(a), case-by-case vs. categorical action, etc. Others who have more skill are doing that, includingJonathan Turley, whom Boehner has retained. I’m saying it because my limited legal experience (mainly clerking for a state supreme  court judge) suggests that the technical issues aren’t what’s important.

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