Will Obama’s Illegal DREAM Amnesty be his Next Big Supreme Court Loss?

Daniel Greenfield, a Shillman Journalism Fellow at the Freedom Center, is a New York writer focusing on radical Islam. He is completing a book on the international challenges America faces in the 21st century.


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Ordinarily it would have been rather hard for anyone to have the standing to challenge Obama’s illegal DREAM amnesty. But the attempt to force Arizona to issue drivers licenses to the illegals may have put the case on a path to the Supreme Court.

Calling the state policy motivated by animosity, the 9th U.S. Circuit Court of Appeals on Monday ordered that “dreamers” who the federal government allow to work in this country also be issued Arizona driver’s licenses, at least for the time being…

The governor, however, intends to fight on, calling the DACA program “President Obama’s lawless directive.” In a prepared statement, she said Obama and his Department of Homeland Security are legally powerless to grant any rights, including the right to drive, to these dreamers.

“Only Congress can do that,” Brewer said. She called the ruling “especially disturbing given the current influx of illegal aliens, a crisis President Obama created and escalated.”

Judge Pregerson is a Carter appointee. The 9th circuit is Democrat frontloaded so the ruling is completely unsurprising, but the stage is set for a bigger showdown.

Brewer’s argument is that the deferred action is unconstitutional. And that will move the ball, eventually, to the Supreme Court. Once the debate stops being about legal and illegal immigration, it goes back to being a question of separation of powers.

Let’s hear it from Ted Cruz on that…

“In both law and politics, I think the essential battle is the meta-battle of framing the narrative,” Cruz told me. “As Sun Tzu said, Every battle is won before it’s fought. It’s won by choosing the terrain on which it will be fought. So in litigation I tried to ask, What’s this case about? When the judge goes home and speaks to his or her grandchild, who’s in kindergarten, and the child says, ‘Paw-Paw, what did you do today?’ And if you own those two sentences that come out of the judge’s mouth, you win the case.

“So let’s take Medellín as an example of that,” Cruz went on. “The other side’s narrative in Medellín was very simple and easy to understand. ‘Can the state of Texas flout U.S. treaty obligations, international law, the President of the United States, and the world? And, by the way, you know how those Texans are about the death penalty anyway!’ That’s their narrative. That’s what the case is about. When Justice Kennedy comes home and he tells his grandson, ‘This case is about whether a state can ignore U.S. treaty obligations,’ we lose.

“So I spent a lot of time thinking about, What’s a different narrative to explain this case? Because, as you know, just about every observer in the media and in the academy thought we didn’t have a prayer. This is a hopeless case.”

Cruz decided to change the narrative into one about the separation of powers. He refashioned the case from a fight between Texas and the United States to one between the executive branch and the legislative branch of the federal government, with Texas advocating for Congress. He argued that the President could not order Texas to reopen the cases without the specific authorization of Congress.

If the DREAM amnesty falls apart, then Obama’s threat to unilaterally apply a larger amnesty also implodes. And that will neuter the Republican push for a preemptive legislative amnesty.

 

  • fpm

    When will the left congress people, judges and MSM realize that if they kept supporting the lawless POTUS and stay silent, eventually they will all become meaningless, useless and irrelevant in a tyrannical government? Maybe they will be eliminated later, but what difference does it make?

  • http://www.azpatriots.com/ azPatriotsDotCom

    This needs to go through the court system quickly.

    According to Obama, as soon as a foreign national invades the country, s/he is entitled to medical care, clothing, food, entertainment, education, legal representation and transportation to their desired location anywhere in the USA… All at taxpayer’s expense.

    Obama is enslaving citizens to support foreigners, while destroying the middle class.

    • Gee

      According to US law providing any aid including housing and transportation are explicit criminal offenses, punishable by fines and jail time.

  • Joe The Gentile

    There is something wrong with the law about ‘standing’ in the United States. When there are clear-cut violations of the Constitution — and Obama’s DREAM amnesty is a clear-cult example of that — he is effectively legislating against Congress, there is something seriously wrong when no-one has ‘standing’ to challenge the consitituional violation in court.

    • lisaecarver

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      Riley got an almost new red GMC Canyon just by some parttime working online
      with a laptop. visit their website C­a­s­h­f­i­g­.­C­O­M­

  • Ammianus

    Nothing, not even the deliberations of SCOTUS, exists in a vacuum. Framing the narrative has too long been the exclusive province of the left. Cruz is right. I love the imagery of state’s defending the prerogative of Congress. Thank you Mr. Greenfield.

  • USARetired

    Hi obsession is the first reason we must never allow ‘amnesty. to happen, as it will allow Obama to become a legal resident, and it is most important this never happens. We have enough criminals legally in this Nation!

  • USARetired

    Obama is an ‘Illegal immigrant’, in this Nation with absolutely no documents allowing him to even enter our nation. Therefor his desperation to pass immigration laws, which would legalize himself! Even his SSN is Stolen!
    Can you guess why he is so desperate for ‘AMNESTY’ to pass??