The Roberts Court Has Already Said That Obama Has The Power To Issue His Immigration Order.

[elleng]

Yet, the Supreme Court of the United States, including two of the Court’s conservative members, appear to disagree with Sessions and others who doubt the legality of the president’s impending action. In 2012, the Supreme Court struck down several provisions of Arizona’s controversial immigration law SB 1070. Justice Anthony Kennedy wrote the Court’s 5-3 opinion in Arizona v. United States, which was joined by Chief Justice John Roberts (Justice Elena Kagan was recused). Both Roberts and Kennedy are Republicans.

Kennedy’s opinion in Arizona does more than strike down several provisions of a state law, however. It also includes language highlighting the “broad discretion” the executive branch enjoys in matters relating to immigration:

Congress has specified which aliens may be removed from the United States and the procedures for doing so. Aliens may be removed if they were inadmissible at the time of entry, have been convicted of certain crimes, or meet other criteria set by federal law. Removal is a civil, not criminal, matter. A principal feature of the removal system is the broad discretion exercised by immigration officials. Federal officials, as an initial matter, must decide whether it makes sense to pursue removal at all. If removal proceedings commence, aliens may seek asylum and other discretionary relief allowing them to remain in the country or at least to leave without formal removal.

http://thinkprogress.org/justice/2014/11/19/3594160/the-roberts-court-has-already-said-that-obama-has-the-power-to-issue-his-immigration-order/

[leanforward]

1. This will work.

This is a heart warming story. The immigrants to America need to be accommodated. To me, there is a lot of opportunity for doing the right thing for a lot of people, the greater good. We will all benefit. In the President's bio, he was a law professor. I seem to recall from some class that the content of opinions COUNT.

[elleng]

2. Yes. Right.

Thanks.

[Midnight Writer]

3. Of course Obama has the legal power

That's why the conservatives are squealing so loudly (thank you Joni Ernest).

They are fighting it in the media because they have no legal case.

Of course, they could just pass a comprehensive immigration reform bill, which many of them have already supported, but I suspect they will go for another government shutdown instead.

[elleng]

4. Of course,

and the blather will continue for the next 2 years.