BREAKING: Supreme Court Will Hear Case on President Obama’s Executive Overreach | American Center for Law and Justice
  Search  |  Login  |  Register

ACLJ Profile Completion


BREAKING: Supreme Court Will Hear Case

By Jay Sekulow1453223032085

The Supreme Court of the United States has granted cert in United States v. Texas – one of the biggest constitutional cases of the past decade – to decide whether President Obama’s Executive overreach and unilateral rewriting of our nation’s immigration laws are illegal and unconstitutional.

Just as I argued in testimony on Capitol Hill days after President Obama issued the unconstitutional and illegal directive, the President is not a king and impatient Presidents don’t get to change the law.

This is a landmark case involving the separation of powers. This Executive overreach is both unlawful and unconstitutional. We will be representing members of Congress and thousands of Americans in a crucial amicus brief urging the Supreme Court to uphold the appeals court decision – and put a stop to the impermissible overreach that has been the hallmark of this President.

In challenging the Fifth Circuit’s decision against the Obama Administration’s Executive overreach, the Obama Administration posed three questions to the U.S. Supreme Court:

  1. Whether a State that provides benefits to all aliens granted deferred action (temporary suspension of being able to be deported) has standing under Article III and a justiciable cause of action under the Administrative Procedure Act (APA) to challenge the Executive action because it will lead to more aliens having deferred action
  2. Whether the Executive action is arbitrary and capricious or otherwise violates the law
  3. Whether the Executive action was subject to the APA’s notice-and-comment procedures 

In the Court’s order moments ago, it directed the parties to brief and argue an additional question: whether the Executive action violates the Take Care Clause of the Constitution, Art. II, §3.

My submitted Congressional testimony and our initial amicus brief filed at the district court thoroughly analyzed the constitutional arguments surrounding the Take Care Clause. And now, the Supreme Court of the United States added this question as it considers the case.  Since Day One, we’ve argued that President Obama’s lawless overreach violates the Constitution, and we will continue to make this point clear at the Supreme Court.

Although the legal questions in this case are complex, the U.S. Constitution is not.

Our system of government is straightforward.  Congress writes the law.  The President executes the law.  The judiciary interprets the law.

President Obama said on multiple occasions before issuing his Executive overreach, “I am President, I am not a king. I can’t [legislate] just by myself.”

As I testified before Congress and as we’ve argued in our multiple amicus briefs on behalf of more than 100 Members of Congress and hundreds of thousands of concerned Americans, our nation’s immigration laws are complicated and in need of reform through the legislative process. But differing policy preferences do not provide license to, as President Obama himself admitted, “change the law” on his own.

President Obama’s actions are unconstitutional.

President Obama’s actions are unlawful.

President Obama’s actions violate the separation of powers.

The reality is, impatient presidents may not violate the Constitution if they do not get their way.

It’s that simple.

Join our fight and sign onto our new committee to add your name to our amicus brief we’ll be filing at the Supreme Court on behalf of Members of Congress and the American people.

Defend the Separation of Powers. Defend the U.S. Constitution.

Defeat Obama's Lawlessness at SCOTUS

Executive Power  Signatures


Receive the latest news, updates, and contribution opportunities from ACLJ.

Make this a monthly tax-deductible gift.

We’re leading the charge to defeat President Obama’s lawlessness at the Supreme Court. Have your gift doubled today. Have your gift doubled through our Matching Challenge.

Email Address is required.
First Name is required.
Last Name is required.
Credit Card Number is required.
Verification Code is required.
Expiration Month is required.
Expiration Year is required.
Receive the latest news, updates, and contribution opportunities from ACLJ.
Encourage your friends to sign and donate by sharing this petition.

ACLJ Obtains Documents Showing Collusion

By Jay Sekulow1484932243611

Last night, less than 24 hours before President Obama left office, we obtained critical documents exposing collusion between President Obama’s State Department, then-Secretary of State Hillary Clinton’s senior staff, and the Clinton Foundation on the closure of the U.S. detention facility at...

read more

ACLJ Obtains “Sensitive” State Dept. Memo

By Jay Sekulow1484841000325

In our ongoing lawsuit against President Obama’s State Department over the Iran lie, we have received definitive evidence that the Obama Administration intentionally manipulated the public video record of a press briefing – deleting a portion in which it admitted lying to the American people about...

read more

The Countdown to Comey Caving has Ended

By Jordan Sekulow1478549216187

We told you from Day One that President Obama’s FBI Director James Comey has mishandled the investigation into the State Department email scandal. For the third time in the final four months of a presidential election, Director Comey has interjected himself into the political process. He conducted...

read more

ACLJ Files Lawsuit Over Lynch's Secret Meeting

By Jay Sekulow1478104011643

I told you about the Obama Justice Department’s incompetence and corruption when, over four months ago, I called for Attorney General Loretta Lynch’s resignation. I told you about General Lynch’s decision to hold a secret meeting on her airplane with former President Bill Clinton – just days before...

read more