THE LAW PROFESSSOR HAS BEEN SCHOOLED:  WSJ’s editorial about the Fifth Circuit’s refusal to reverse the preliminary injunction halting the President’s unilateral immigration legislation executive action:

America’s most powerful former law professor is getting a re-education in the Constitution, and on present course President Obama might flunk out. Witness Tuesday’s federal appeals-court rebuke of his 2014 immigration order, including language that suggests the Administration will also lose on the legal and policy merits. . . .

The Administration claims it is merely allowing immigration officers to apply routine “prosecutorial discretion” on a case by case basis not to deport illegals. But the court noted that if this were true “we would expect to find an explicit delegation of authority” to implement the Obama rule—“a program that makes 4.3 million otherwise removable aliens eligible for lawful presence, work authorization, and associated benefits—but no such provision exists.” (Our emphasis.)

In summary, said the court, “the United States has not made a strong showing that it is likely to succeed on the merits.” . . .

Mr. Obama could have avoided this mess if he had recalled his law classes on the separation of powers. That’s where he should have learned that the federal government can’t run roughshod over states and that the courts are an independent branch of government that can call out a President for breaking the law.

Yep–he would have failed my constitutional law class if he had tried to justify such sweeping authority to categorically rewrite existing law and confer benefits Congress never provided as “prosecutorial discretion.”  It’s almost as though the Fifth Circuit has been reading my House Judiciary testimony on the topic.