Patterico's Pontifications

6/23/2016

Obama’s Illegal Amnesty Blocked by Supreme Court in 4-4 Tie

Filed under: General — Patterico @ 7:51 am



When leftists and judicial conservatives are split 4-4, as here, the important thing becomes the decision of the lower court — because a tie goes to the runner lower court decision. That’s what happened here. The fate of his plan came down to a single vote in the Fifth Circuit Court of Appeals, which ruled 2-1 against Obama. Today’s decision is a single line, saying that the decision below was affirmed by an equally divided court. It is not clear to me whether the Court will be announcing who voted which way (I think they won’t), but the line-up is nevertheless as predictable as rain in Seattle: the 4 reliable lefties vs. the 4 mostly-conservatives.

Note that this opinion merely affirms a stay. A trial on the merits still looms.

53 Responses to “Obama’s Illegal Amnesty Blocked by Supreme Court in 4-4 Tie”

  1. Stuff like this does give my nevertrump viewpoint some pause, I’ll admit. But I’ve thought about other things too that keep me on that path. Of course if it were actually in my hands we wouldn’t be in this situation in the first place. The fact that my vote might actually mean something with Texas polling only at 6 points+ means he’s obviously going to lose.

    Time for a major change in how politics is done. I don’t have the answers, but it’s time to change this.

    Dustin (2a8be7)

  2. Democrat presidents never have to worry that their Supreme Court appointments will ever “stray from the reservation”. They will reliably and predictably vote as they are instructed by the leftist voices in their heads, without regard to even a pretense of intellectual honesty.
    Republican presidents, on the other hand, always have to account for their appointees “growing and maturing” in the job (leftist MSM code for becoming more liberal), much as Roberts did on the Obamacare fiasco, or Blackmun, or Earl Warren, or David Souter…

    orcadrvr (3cc3b1)

  3. Rush Limbaugh says that Obama is now in the process fo speaking. And that he’s saying things like:

    “Now it is up to the voters”

    “Every one of us is a descendant of somebody whom somebody else didn’t want here.”

    Sammy Finkelman (7a22e4)

  4. “Every one of us is a descendant of somebody whom somebody else didn’t want here.”

    That somebody was a real bigot, wasn’t he?

    JVW (eabb2a)

  5. The last “conservative” appointment by a Democratic president was Byron R. White, in 1962

    But President Kennedy wasn’t interested in appointing a liberal, but rather, a friend.

    Byron White retired in 1993, at the request of Senator Ted Kennedy, who asked him at the request of President Bill Clinton, probably in order to appoint New York Governor Mario Cuomo to the court, to keep him from challenging him for re-election as president in 1996.

    Sammy Finkelman (7a22e4)

  6. Sasha and Malia are descendants of people we don’t want.

    Cruz Supporter (102c9a)

  7. Maybe I’ll get the exact words Obama used later today.

    Sammy Finkelman (7a22e4)

  8. Sammy,

    The story I heard is that Whizzer White wanted to retire when a Democrat was President so that his replacement would be nominated by a Democrat, so he waited until after Bush 41 was defeated.

    Cruz Supporter (102c9a)

  9. Fun fact: “tie goes to the runner” isn’t actually a real rule in baseball, just a tradition.

    JVW (eabb2a)

  10. And again, the balance of this court depends on who the GOP nominates in July. It it’s Trump, no amount of cajoling will get the 20-30% in the middle to vote Republican in the fall, even if Trump can get the GOP behind him, which he can’t (and probably doesn’t want to).

    Kevin M (25bbee)

  11. BTW, I would have loved to see opinions. How do the liberals justify using “prosecutorial discretion” to grant green cards when the law specifically denies this group green cards? Wouldn’t that be like not only not prosecuting admitted tax cheats, but also writing them bigger refund checks?

    Kevin M (25bbee)

  12. 8. White was born in 1917, the same year as JFK. He was 62 years old in 1979, the last time before 1993 that a Democrat was president before 1993, the year he became 76.

    The thing is, by that time, and really ever since 1969, Supreme Court justices would announce their retirement at the end of a term, in June, with the idea of not affecting pending cases, and having a new justice on the court by October, or at lesst by the time they began hearing important cases.

    White made this announcement in March. So it looks like it was accelerated.

    Sammy Finkelman (7a22e4)

  13. Rush Limbaugh played two sound bites form Obama’s press conference. The exact words Obamawere:

    “people didn’t want coming here.”

    The whole clause was something like: “I guarantee you, everyone has somebody in their background that people didn’t want coming here.”

    Obama also said something like there are always these spasms of opposition to immigration, based on the politics of fear, but our better natures take over after a while.

    He also stressed how the only thing affected was his expansion of deferment, but the program that had been operating for the past four years (which I thinks is equally as legally valid or not) was not affected, nor was placing people on low priority.

    Rush Limbaugh said that, however, Florida Senator Bill Nelson was talking as if deportations were going to begin tomorrow. (Maybe in few cases)

    Sammy Finkelman (7a22e4)

  14. The biggest problem America faces is that we come to tolerate LYING and LIARS to such a high degree, that the truth does not matter much anymore to us.

    And when that is true, we are lost – because everything else than is actually becomes just a symptom of tolerating the LIES & LIARS. Dialogue, discussion, debate – all become impossible. Everything is reduced to a gimmick, a scam, a scheme, spin, a stunt, LYING, or a bogus compromise.

    This is a dark day for honesty, integrity, the truth and the U.S. Supreme Court. There no longer is a Rule of Law or Constitution in America – when four (4) U.S. Supreme Court justices vote in favor of Obama – when there are numerous videos (celluloid DNA) of Obama proclaiming himself, that he does not have the authority to do his Executive amnesty.
    https://www.youtube.com/watch?v=HUFsod9z-do
    https://www.youtube.com/watch?v=Hz4MMY76fu8
    https://www.youtube.com/watch?v=hBVl63yTmkI

    When the institutions responsible for getting the truth – academia, a free press, the law and the courts – have all been turned upside down, have been derelict for decades, no longer seek truth and no longer serve the American people – we are well down the path of dysfunction, DYSTOPIA.

    For too, too, long we have been AMUSING OURSELVES TO DEATH: Public Discourse in the Age of Show Business (1985), https://www.amazon.com/Amusing-Ourselves-Death-Discourse-Business/dp/014303653X/ref=sr_1_1?ie=UTF8&qid=1466699360&sr=8-1&keywords=amusing+ourselves+to+death ,

    that has turned our culture into LIFE THE MOVIE: How Entertainment Conquered Reality (1998) https://www.amazon.com/Life-Movie-Entertainment-Conquered-Reality/dp/0375706534 ; http://www.ew.com/article/1998/11/20/life-movie-how-entertainment-conquered-reality ,

    which has resulted in us now becoming and living IDIOCRACY (2006) http://www.imdb.com/title/tt0387808/ .

    The judges/judiciary had a special place in our society – the gatekeepers, the final backstop – to uphold the sanctity of our Constitution, our Republic, and to protect our individual Liberties & Rights from encroachment. Too, too, often instead they have misinterpreted, misapplied and ignored the Constitution. There is no one left to blame – but the judges/judiciary. The Rule of Law is gone, supplanted by endless argument – where nothing gets resolved.

    Liberty & Truth require constant vigilance. But we failed to pay attention.

    Gary L. Zerman (ab669e)

  15. That somebody was a real bigot, wasn’t he?

    I don’t know JVW, was he? According to Merriam-Webster a bigot ” is a person who strongly and unfairly dislikes other people, ideas,etc.”

    I would submit if a person dislikes other people because they’re say, blowing up buildings and murdering Americans is not a bigot but a realistic patriot.

    I also think that under a broad definition just about everybody and surely everybody here is a bigot based solely on their intense opinions in their own beliefs. Why do you think when these leftists talk at rallies or on school campuses they sound so bigoted?

    Rev. Hoagie® (734193)

  16. #12 Sammy,

    Exactly my point.
    Whizzer White was waiting, waiting, waiting until Clinton took office, so that he could finally retire with the full knowledge that his replacement would be nominated by a Democrat.

    Cruz Supporter (102c9a)

  17. “Every one of us is a descendant of somebody whom somebody else didn’t want here.”

    This is complete bulls**t as every descendant of every immigrant who came through Ellis Island knows.

    Let’s start with the fact, we are here.

    What they didn’t want was tuberculosis. It wasn’t my great grandparents.

    I have reached my limit with this sack of s**t.

    Steve57 (ecac13)

  18. You know how my great grandparents cleared Ellis Island?

    Americans wanted them here. And they were right. I have the discharge certificates and retirement papers to prove it.

    Steve57 (ecac13)

  19. On another note, the Court ruled racism is still encouraged as long as it’s against whites. The racist leftists on the court supported the argument and the fool Kennedy concurred.

    njrob (6ff508)

  20. #2

    Democrat presidents never have to worry that their Supreme Court appointments will ever “stray from the reservation”. They will reliably and predictably vote as they are instructed by the leftist voices in their heads, without regard to even a pretense of intellectual honesty.

    I Concur – Read Ginsburg plurality opinion in Burwell/ACA/Obamacare – ” We need healthcare reform, The Democrats passed healthcare reform, therefore everything in Obamacare is constitutional”

    joe Kosanda (debac0)

  21. #20 – #2
    Democrat presidents never have to worry that their Supreme Court appointments will ever “stray from the reservation”. They will reliably and predictably vote as they are instructed by the leftist voices in their heads, without regard to even a pretense of intellectual honesty.
    I Concur – Read Ginsburg plurality opinion in Burwell/ACA/Obamacare – ” We need healthcare reform, The Democrats passed healthcare reform, therefore everything in Obamacare is constitutional”

    joe Kosanda (debac0) — 6/23/2016 @ 1:24 pm

    Forgot to add – and all progressive SC justices voted in step with Ginsburg,

    joe Kosanda (debac0)

  22. This is complete bulls**t as every descendant of every immigrant who came through Ellis Island knows.
    No, Steve, Obama is right this time.

    Heck, it started before 1776: people complained those Germans were taking over Pennsylvania.

    Your family is Italian, right? Plenty of people thought your great grands must be members of the Mafia (they had a different term back then) or secret agents of the Pope or both…or at least dark skinned people with not enough education who would destroy American values.

    Besides the anti Catholic bigotry of the mid 19th century, whuch sometimes ended up with a full scale riot. You Papists were a major threat to the Republic in the eyes of sime people. Almost the same thing as people say now about Mexicans.

    About the only people who didn’t meet bigotry of any kind were the Scandinavians, but they went to Minnesota and everyone else figured if they wanted to stay cold they could have it.😁

    The main targets of bigotry were the Irish and Chinese, but it wasn’t limited to them.

    The real difference was that, with no multicultural doctrine to be enforced by the Left, American public schools made sure that the kids at least were thoroughly Americanized. And it worked. My grandparents were born in Russia with Yiddish as their native language. My parents and their siblings—and the kids in their neighborhood– grew up monolingual: English only.

    kishnevi (9a5a41)

  23. This is the official White House transcript of President Obama’s remarks, starting at 11:53 am EDT. He first spoke about the case whose results he liked:

    https://www.whitehouse.gov/the-press-office/2016/06/23/remarks-president-supreme-court-decision-us-versus-texas [Link will expire January 20, 2017)

    Sammy Finkelman (7a22e4)

  24. kishnevi,

    The problem with that historical analogy is that the immigrants of the days of yore were enthusiastic to assimilate and become a part of the American fabric.
    Nowadays, there are too many Mexican immigrants who want to Make America Mexico Again, and too many Arab immigrants who want to see the Judeo Christian culture subverted by Sharia.

    Cruz Supporter (102c9a)

  25. The other difficulty with that analogy is that Presidents enforced the laws passed by Congress.

    nk (dbc370)

  26. No, CS, they weren’t always eager to assimilate.

    It took WWII to end the use of German as a primary language among the second and third generation descendants of German immigrants, because love for the Vaterland became a very bad thing. Before then, a very different story.

    That’s why enforced assimilation through the schools was so important. The kids were Americanized even if the parents weren’t.

    kishnevi (9a5a41)

  27. Why is my comment (in answer to CS) moderated?

    [Don’t know why, but I just fished a bunch of them out of moderation so they should be appearing now. – JVW]
    ??
    BTW, I have the feeling me being in Florida has a relationship to my different attitude on the subject. There are immigrants from all over, and not many from Mexico, and most seem happy to Americanize. Perhaps the dominance of Mexicans in Texas and California makes a difference.

    And if it applies to my attitude it also applies to politicians from Florida…like, say Bush and Rubio.

    kishnevi (9a5a41)

  28. There’s something wrong with the site, kishnevi.

    nk (dbc370)

  29. I don believe I can fully do you credit, kishnevi, until your comment is out of moderation.

    Steve57 (ecac13)

  30. A major difference is that in the past people came to the U.S. for opportunity,
    Not a guaranteed handout.

    People wanting to work for a better life are different than those coming expecting to be given one.

    But yes, they used a cannon in Philly to destroy an Irish Catholic church in the day,
    but the Irish came, like everyone else,
    hoping for the opportunity to work and not starve.

    I have sympathy for any one who wants to escape a crappy life for their family,
    as long as they are willing to work, like our parents and grandparents did when they came.

    MD in Philly (f9371b)

  31. DRJ explained before that there are some words common to spamming that get filtered out,
    someone will retrieve it.

    MD in Philly (f9371b)

  32. It could be a problem with the site, but it could also be your comments included certain innocuous words that trigger moderation. Email Patterico and he’ll explain.

    ropelight (596f46)

  33. Steve57
    At my father in laws funeral the sailor that played taps and the two who folded the flag and presented it to my brother in law were as professional and caring as any human could be. God Bless all you Navy Vets.

    mg (31009b)

  34. in south florida, during the first wave of cuban immigration, it was all routed through one place, the freedom tour in miami, it was the ellis island,

    narciso (732bc0)

  35. Nowadays, there are too many Mexican immigrants who want to Make America Mexico Again, and too many Arab immigrants who want to see the Judeo Christian culture subverted by Sharia.

    – Cruz Supporter

    How many is too many? Do you have numbers regarding these reconquista Mexicans and Sharia Muslims we’re supposed to be scared of?

    Leviticus (eaafb8)

  36. how many settlers in texas before santa anna became concerned,

    http://www.mayorno.com/WhoIsMecha.html

    narciso (732bc0)

  37. One is too many. If they do not want to assimilate, no los necessitamos, no los quieremos. The “no path to citizenship” nonsense is nonsense. If they are not going to be Americans, they should not be here permanently, as a permanent foreign underclass. They should leave, or be made to leave, when their employment contracts expire.

    nk (dbc370)

  38. well that is the way mexico handles outsiders, but reciprocity is considered too extreme,

    on another proxy front,

    http://www.the-american-interest.com/2016/06/23/live-blogging-the-brexit/

    narciso (732bc0)

  39. If we had the will to protect our border and enforce out immigration laws, we would not have illegal immigrants worth the mention, we would not have anti-immigrant sentiment and, most of all, we would not have Trump. Thanks, Obama, Shrub, Billy, George and Ronnie.

    nk (dbc370)

  40. well when the business class, decides to import a people, and the dems strive to dissolve the populace, and elect another,

    narciso (732bc0)

  41. The UK will remain in the EU based on early results. Too bad.

    Gerald A (76f251)

  42. well they maybe counting the eggs before they hatch, mind you polling across the board has been substandard,

    narciso (732bc0)

  43. Steve57 (ecac13) — 6/23/2016 @ 4:26 pm
    My comment expressed polite disagreement with Cruz Supporter, gave as an example the Germans who used German two or three generations after their families arrived here, and with whom it needed WWII to abandon German as their primary language, and reiterated my statement that assimilation via public schools was the crucial difference between back then and now.

    (Dis)credit me as you will.

    kishnevi (c2a547)

  44. The answer is one is too many. Levicus, pride is a sin. that would include pride of service.

    https://www.youtube.com/watch?v=Hh3P7QazQ-A

    I may have been guilty.

    Steve57 (ecac13)

  45. No, Steve, unwarranted pride is the sin.

    Your pride is warranted, even though you were a commissioned officer.

    kishnevi (c2a547)

  46. I am not going to take Gerald’s link as the final word. It is calling the election based on Gibraltar, the Orkneys, Newcastle, and Sunderland.

    In US terms that is like calling a national election based only on how the Aleutians, North Dakota, Buffalo, and Brownsville TX voted. The actual results seem to be close to fifty fifty. Perhaps Cameron will need to find some hanging chads.

    kishnevi (c2a547)

  47. my link at 5:19, ht/althouse, seems to be more indicative,

    narciso (732bc0)

  48. It is entirely true that several group of immigrants were opposed by large groups of previous immigrants.

    Catholics (Irish and Italian in particular) were opposed by the incumbent Protestants in the late 1800’s. “No Irish Need Apply” was fairly common in the latter half of the 19th Century. Irish immigrants and freed slaves were often competing for the same jobs, which led to a hostility that some confuse with bigotry.

    See also the Blaine Amendment, which outlawed state aid to parochial schools, forcing many Catholic and Jewish children into the Protestant-run public schools, which were not shy about bringing the Bible into the classroom. It failed at the national level but succeeded in 38 state constitutions where it is now used to attack voucher systems.

    Kevin M (25bbee)

  49. This however does not mean that any group that wish to come into the USA has a God given right to do so. For better or for worse, the country has a right to decide who comes in. I for one would let in 100 Mexicans before I’d let in one Arab, but that’s just my personal feeling. Others may differ.

    Kevin M (25bbee)

  50. A major difference is that in the past people came to the U.S. for opportunity,
    Not a guaranteed handout.

    Actually the difference is that the government then wasn’t so damned bent on forcing handouts onto everyone. People come here to get a better life. There’s a mixture of reasons, and that mixture is informed by the work ethic of the society they come from. It does not help that our LAWS discriminate against workers and favor dependents, particularly children and the elderly, and then damn near force them to accept government schools, Medicaid, Medicare, etc.

    Kevin M (25bbee)

  51. Minority babies outnumber whites among US infants

    Highlights
    50.2 percent of babies born last year were minorities

    The past several years have seen growth in birth rates among minorities

    The U.S. will become a country with no racial majority in the next several decades

    Read more here: http://www.mcclatchydc.com/news/nation-world/article85591172.html#storylink=cpy

    There is nothing to worry about.

    Rev. Hoagie® (734193)


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