Seventeen states have come together to sue the federal government in Texas with a 29-page suit that lists impressive state attorney generals and governors, among whom are Texas Attorney General (and Gov.-elect) Greg Abbott, Alabama Attorney General Luther Strange, Maine Gov.Paul LePage and North Carolina Gov. Patrick McCrory.
(See More: Jay Carney Admits Obama Can’t Do This!)
Among defendants, the lawsuit names Jeh Johnson, secretary of the Department of Homeland Security; Gil Kerlikowske, commissioner of Customs and Border Protection; Ronald Vitiello, deputy chief of the Border Patrol; Thomas Winkowski, acting director of Immigration and Customs Enforcement; and Leon Rodriguez, director of Citizenship and Immigration Services. Mr. President, the country is not on board!
The nitty-gritty of the claim is that Obama has violated the rule of law. As stated by the president himself so many times in public, he can not change the law by himself.
The Daily Signal reports:
It has a damning list of other admissions by the president, in which he said that he was “not king;” that he couldn’t “do these things just by” himself; and that federal immigration law is so “very clear in terms of how we have to enforce our immigration systems that for me to simply through executive order ignore those congressional mandates would not conform with my appropriate role as president.”
The directive that DHS Secretary Johnson issued on Nov. 20 to implement the president’s plan is the legal ground on which the states could get the lawsuit rolling. The states assert that the DHS directive violates:
1. Article II, § 3, Cl. 5 of the Constitution, which requires the president to “take Care that the Laws be faithfully executed;”
2. Section 553 of the Administrative Procedure Act, because the directive was issued without regulatory authority and without the usual notice and opportunity for the public to comment that is required of all new agency regulations; and
3. Section 706 of the APA, which prohibits new regulations that are:
- Arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law,
- Contrary to constitutional right, power, privilege or immunity; or
- In excess of statutory jurisdiction, authority, or limitations or short of statutory right
The states also claim that there is specific, concrete injury wherein
Obama’s actions will force them to spend “substantial resources on law enforcement, healthcare, and education,” including many expenditures that are “required or coerced by federal law.”
Perhaps now the steam-train of Big Government has found the end of the track? What do you think? Comment below.