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Monday, January 07, 2019

It wasn't that long ago Ms Rubin

In a generally excellent column on what the authoritarian depravity of Donald Trump shows about the utter worthlessness of the Republican party that won't stand up to him, Jennifer Rubin understates Ted Cruz's hypocrisy.

She notes that Cruz is not denouncing Trump's absurd claim that he can over rule the Constitution by declaring an emergency even though

It wasn’t too long ago that Republicans such as Sen. Ted Cruz (Tex.) and anti-immigrant activists denounced President Barack Obama for the executive order launching Deferred Action for Childhood Arrivals.

It wasn't as long ago as the launch of DACA. The linked article is dated November 19, 2014. DACA was ordered on June 15, 2012 more than two years earlier. In fact, DACA was not all that controversial when ordered. The controversy focused on comprehensive immigration reform including a path to citizenship, or, at the very least the DREAM act which, unlike DACA would have granted legal permanent resident status (a green card) and a path to citizenship. Also unlike DACA, an effort to just declare a DREAM act by executive order would have been an unconstitutional violation of the Immigration and Naturalization Act of 1965.

In contrast, DACA was clearly within the discretion Congress granted to the executive, as is shown by the absense of controversy over the very similar exexutive order issued by Ronald Reagan and the legally identical executive order issued by George H W Bush.

Cruz's utter hypocrisy is demonstrated by the fact that he denounced DAPA not DACA. The controversial order attempted to extend deferred action to parents of americans. Suddenly, that which was clearly OK when Reagan, Bush Sr and Obama did it was unacceptable, because too many people were covered or ... hell I can handle Euclidean and non-Euclidean geometry but not logical logic and Republican logic.

DAPA was blocked by a reactionary judge in Texas (where else) but not on the grounds that the INA didn't give the executive branch the authority to defer action, but on the grounds that the Administrative Procedures Act implied that a period of public comment was required before the new regulation was imposed.

The nonsensical claim that DACA exceeded Obama's authority follows logically from the nonsensical claim that DAPA excceded his authority. The claims are absolutely inconsistent with the plain text of the INA which clearly grants the executive broad discretion. I am not a lawyer let alone an expert on immigration law, but I am aware of no expert on immigration law who has claimed to find any merit in Cruz's absurd argument. I stress again that it had nothing to do with the anti DAPA decision by the trial judge who may hate immigration, but can't ignore the plain text of the law.

The GOP is worse than you imagine possible even while denouncing "the GOP's Dismal State".

1 comment:

JimV said...

All through elementary school, high school, and some of college, I was taught that the USA form of government was based on the highest principles of justice and morality. The Republicans have been destroying that faith ever since. I don't think there is any left and the Republicans are just dancing on its grave.