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re: The lawyer arguing in favor of the US government is incompetent
Posted on 2/7/17 at 5:38 pm to CorporateTiger
Posted on 2/7/17 at 5:38 pm to CorporateTiger
quote:
If this was actually the question at issue the DOJ would be toast. Be glad it isn't.
Elaborate. Show your work.
1
Posted on 2/7/17 at 5:43 pm to KosmoCramer
The Constitution does not give the President unlimited authority over immigration. The courts have traditionally been VERY deferential of the Executive when it comes to immigration, but that does not mean that the authority is unlimited.
As an example of the President tried to deny citizens access to the country (or green card holders) then they would have a due process claim.
In any event the judiciary can take up a case on the constitutionality of an EO. The courts took up DACA and DAPA. Where the courts take up a case they may, in their discretion, issue a TRO. That happened to both DAPA and DACA.
I've said multiple times the EO is constitutional. That isn't at issue here though.
As an example of the President tried to deny citizens access to the country (or green card holders) then they would have a due process claim.
In any event the judiciary can take up a case on the constitutionality of an EO. The courts took up DACA and DAPA. Where the courts take up a case they may, in their discretion, issue a TRO. That happened to both DAPA and DACA.
I've said multiple times the EO is constitutional. That isn't at issue here though.
This post was edited on 2/7/17 at 5:44 pm
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