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re: The lawyer arguing in favor of the US government is incompetent
Posted on 2/7/17 at 5:43 pm to KosmoCramer
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
Posted on 2/7/17 at 5:44 pm to CorporateTiger
quote:
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.
Legal question:
Can the Court strike down part of the EO (the part about green card holders, maybe) and let the rest of it stand? Or will they strike down the whole EO?
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