Last Tuesday, in Nashville, President Obama confidently predicted that no future president would be able to reverse his recent executive amnesty of some 4 million illegal immigrants….
As political move, this may or may not have been a smart thing to say. As a legal move, it seems a non-trivial blunder.
1) The courts are now considering challenges to the executive amnesty. Many judges probably feel Obama’s grabbed too much power from Congress but are reluctant to intervene. Why taunt them by proclaiming that the alleged power-grab is effectively irreversible? It isn’t irreversible by judges! … P.S.: If you don’t think judges read the newspapers and respond to this kind of political goading — even though it’s not in the briefs — you’ve never clerked for a judge. Obama just increased the chances the Supreme Court will take the case.**