The Supreme Court of the United
States has granted cert in United
States v. Texas – one of the biggest constitutional cases of the past
decade – to decide whether President Obama’s Executive overreach and unilateral
rewriting of our nation’s immigration laws are illegal and unconstitutional.
Just
as I argued in testimony on Capitol Hill days
after President Obama issued the unconstitutional and illegal directive, the
President is not a king and impatient Presidents don’t get to change the law.
This is a landmark case involving
the separation of powers. This Executive overreach is both unlawful and
unconstitutional. We will be representing members of Congress and thousands of
Americans in a crucial amicus brief urging the Supreme Court to uphold the
appeals court decision – and put a stop to the impermissible overreach that has
been the hallmark of this President.
In challenging the
Fifth Circuit’s decision against the Obama Administration’s Executive overreach, the Obama Administration posed three questions to the U.S.
Supreme Court:
1.
Whether a State that provides
benefits to all aliens granted deferred action (temporary suspension of being
able to be deported) has standing under Article III and a justiciable cause of
action under the Administrative Procedure Act (APA) to challenge the Executive
action because it will lead to more aliens having deferred action
2. Whether the Executive action is
arbitrary and capricious or otherwise violates the law
3.
Whether the Executive action was
subject to the APA’s notice-and-comment procedures
In the
Court’s order moments ago, it directed the
parties to brief and argue an additional question: whether the Executive action
violates the Take Care Clause of the Constitution, Art. II, §3.
My
submitted Congressional testimony and our
initial amicus brief filed at the district court thoroughly
analyzed the constitutional arguments surrounding the Take Care Clause. And
now, the Supreme Court of the United States added this question as it considers
the case. Since Day One, we’ve argued that President Obama’s lawless
overreach violates the Constitution, and we will continue to make this point
clear at the Supreme Court. Although the legal questions in this case are
complex, the U.S. Constitution is not.
Our system of government is
straightforward. Congress writes the law. The President executes
the law. The judiciary interprets the law. President Obama said on multiple
occasions before issuing his Executive overreach, “I am President, I am not a
king. I can’t [legislate] just by myself.”
As I testified before Congress and
as we’ve argued in our multiple amicus briefs on behalf of more than 100
Members of Congress and hundreds of thousands of concerned Americans, our
nation’s immigration laws are complicated and in need of reform through the
legislative process. But differing policy preferences do not provide license
to, as
President Obama himself admitted, “change the law” on his own.
President Obama’s actions are
unconstitutional.
President Obama’s actions are
unlawful.
President Obama’s actions violate
the separation of powers.
The reality is, impatient presidents
may not violate the Constitution if they do not get their way. It’s that
simple.
Join our fight and sign onto our new
committee to add your name to our amicus brief we’ll be filing at the Supreme
Court on behalf of Members of Congress and the American people. Defend the
Separation of Powers. Defend the U.S. Constitution.
http://aclj.org/executive-power/breaking-supreme-court-will-hear-case-on-president-obamas-executive-overreach
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