Yes, my headline may seem an exercise in wishful thinking. And perhaps it is.
But when the Supreme Court decided to hear a challenge of Obama’s Immigration Action from 26 states, it asked something that was both overlooked and rare. As noted by George Will (Emphasis mine.):
The court has asked to be briefed on a matter the administration must be reluctant to address; the Justice Department requested that the court not insert a “constitutional question” into the case. The question the court will consider is: Did Obama’s action violate the “take care clause”?
Obama has sworn to “preserve, protect and defend the Constitution,” which says the president shall “take care that the laws be faithfully executed.” Josh Blackman of the South Texas College of Law in Houston and adjunct scholar at the Cato Institute in Washington says that only three times has the court relied on the take care clause to limit executive actions, and the justices have never asked for a briefing on this clause.
It seems at least some on the Supreme Court are ready to give Obama a dressing down on his willfully violating the Rule of Law in the area of immigration, and one the Courts have rarely given a President before.
I hope I am not engaging in wishful thinking, but, at the least, this is certainly a case to watch.