HMM: First District Court Ruling On Obama Executive Amnesty Finds It Unconstitutional. “According to the opinion by Judge Arthur Schwab, the president’s policy goes ‘beyond prosecutorial discretion’ in that it provides a relatively rigid framework for considering applications for deferred action, thus obviating any meaningful case-by-case determination as prosecutorial discretion requires, and provides substantive rights to applicable individuals. As a consequence, Schwab concluded, the action exceeds the scope of executive authority.”