January 28, 2015

Who’s Up for a GOP Immigration Lawsuit?

Congressional Republicans haven’t exactly been enthusiastic about challenging Barack Obama’s executive amnesty. But never fear – House Speaker John Boehner is borrowing a play from his ObamaCare attack: suing the president. The Daily Signal reports, “For Boehner to proceed, the House would have to approve a resolution authorizing him to take legal action on immigration, as it did last July in connection with a lawsuit over the Affordable Care Act. According to a House GOP leadership aide, legal options include joining an already filed lawsuit from more than half of U.S. states on Obama’s executive action or filing a separate lawsuit.” The problem with legal action, says Heritage Foundation’s John Malcolm, is “Obama is not saying that [illegal immigrants] will never be removed. He’s just deferring action.” That could make all the difference in court if a judge gives Obama a wide berth for “prosecutorial discretion.” On the other hand, Obama’s power grab is quite clear – perhaps even clear enough for a judge to see and strike down. Plus, this allows Boehner to tell conservatives he’s doing everything he can to fight the president’s lawlessness. More…

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