This sword cuts both ways. Holder’s attitude for when the administration commits unconstitutional acts is to ignore it, and say “take us to court”, knowing that the process will take years.
However, this is what the states should do right back to Holder. Thank him for his “non-binding opinion” over their state laws, and that when some federal agents try to enforce what is illegal in their state, and they are arrested for it, he should feel free to take the state to federal court to get his flunkies back. In a few years. And they will continue to stay in jail until that time.
State or local officials have no lawful authority to arrest federal agents from officially and faithfully enforcing federal law even using state law as a reason. A state law enforcement official or local law enforcement official that would try to impede, interfere or try to intimidate a federal official from performing their duties would be subject to immediate arrest by the feds and be brought before a Federal magistrate. The feds would not let their agents stay in a local jail but would use federal authority to order them released.
Also, it is actually Holder’s job to remind state officials that certain of their laws conflict with federal laws. US attorneys all over the country write these letters to state officials as part of their jobs from time to time. If the state of Kansas wishes to challenge this ruling they can file suit in the US District Court in Kansas.
US Attorneys enforce federal law and part of their jobs is official memorandums to state officials that state laws are conflicting to federal law. This is not a conservative vs liberal argument but Holder doing his job.
Lastly, I am a Reagan conservative but we as conservatives need to understand how the law works.