Americans alarmed by Obama-administration lawlessness were further demoralized by last week’s “cromnibus” debacle. First, the Republican-controlled House voted to fund the government for the next year, surrendering its power of the purse as a check on the president’s excesses. Then, in what appears to have been part sympathy for Obama’s non-enforcement of the immigration laws and part fit of pique at having to work over the weekend, an astounding 20 Republican senators joined all the Democrats in rejecting a challenge to the president’s blatantly lawless decree of effective amnesty for millions of illegal aliens — a constitutional challenge spearheaded by Senators Ted Cruz (R., Tex.) and Mike Lee (R., Utah) that, shamefully, drew only 22 Republican supporters.
Conservatives are feeling angry and betrayed after working hard to give Republicans a runaway victory in last month’s midterm elections. It is only natural, then, that we were heartened by Tuesday’s news: A federal court in Pittsburgh ruled that Obama’s amnesty decree is unconstitutional.
We should disenthrall ourselves. This ruling, rendered in a 38-page opinion by district judge Arthur J. Schwab, is as rogue an exercise as the executive usurpation that prompted it.
THE AMNESTY DECREE IS IRRELEVANT TO THE CRIMINAL CASE
At bottom, the case before the court, United States v. Elionardo Juarez-Escobar, has nothing to do with President Obama’s amnesty decree. It is a criminal case involving an illegal alien who pled guilty to reentering our country sometime after being deported in late 2005. (Reentry after deportation is a felony.) The only issue before Judge Schwab at this point is the determination of a sentence of incarceration. The case does not involve deportation, which is a civil proceeding. It is to deportation that Obama’s amnesty decree pertains — specifically, to categories of illegal aliens for whom deportation is to be deferred.