Tuesday, December 2, 2014

With executive action, Obama risks losing Chief Justice John Roberts

President Obama always knew his plan to shield millions of immigrants from deportation would enrage Republicans on Capitol Hill who oppose most of what he does. But by claiming the power to forge ahead based on his executive authority, the president may well lose the one conservative he still really needs: Chief Justice John G. Roberts Jr. - Los Angeles Times

Two years ago, the chief justice surprised many by joining liberals on the court to uphold the constitutionality of Obama's Affordable Care Act. And he probably holds the deciding vote in a second legal challenge to the healthcare law — one that seeks to eliminate government insurance subsidies to low- and middle-income enrollees in two-thirds of the nation.

But Roberts, an appointee of President George W. Bush, has shown an increasing skepticism toward what conservatives call Obama's tendency to overreach....

When Obama announced his executive action on immigration last month, it set off another furor on the political right, where it was denounced as an abuse of power befitting a "monarch" or an "emperor."

Ilya Shapiro, a lawyer for the libertarian Cato Institute, said the immigration order is the "starkest example" of what he called the president's "pattern of lawlessness."

The question now is whether the president's immigration action will influence the thinking of the justices, and particularly of Roberts, as they consider in the upcoming healthcare case whether the president exceeded his authority....