George Will’s column explores the significance of the Court’s cert grant in U.S. v. Texas, with a quote from me:
During Watergate, Henry Kissinger’s mordant wit leavened the unpleasantness: “The illegal we do immediately; the unconstitutional takes a little longer.” President Obama often does both simultaneously, using executive authoritarianism to evade the Constitution’s separation of powers and rewrite existing laws.
Last week, however, the Supreme Court took a perhaps momentous step toward correcting some of the constitutional vandalism that will be Obama’s most significant legacy. The court agreed to rule on Obama’s unilateral revision of immigration law.
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.
To read further, see my article in National Review.