Posted on 12/23/2014 10:07:57 AM PST by Hostage
Tennessee's new Attorney General Herbert Slatery announced today that the state will join a lawsuit challenging President Barack Obama's recent executive action on immigration.
Texas Attorney General and Gov-elect Greg Abbott is leading the challenge, which 23 other states have now joined. Slatery said in a release Monday that the suit is not about immigration but "more about the rule of law and the limitations that prevent the executive branch from taking over a role constitutionally reserved for Congress."
"The executive directives issued by the White House and Homeland Security conflict with existing federal law," Slatery said. "They replace prosecutorial discretion, normally determined on a case by case basis, with a unilateral nonenforcement policy protecting over 4 million people. The directives also are rules that have been issued without complying with the Administrative Procedures Act."
"However frustrating and painstakingly long the federal legislative process may be, making law is the prerogative of Congress, not the executive branch. Congress can resolve all of the issues raised by this lawsuit, and the executive directives for that matter, by timely enacting legislation. But in the meantime the State cannot sit on the sidelines of this case, when unlawful directives of this magnitude grant lawful presence and other rights like work permits to such a large number. Asking a court to review this issue is the prudent choice, especially when state resources will be taxed under the directives to provide benefits like unemployment compensation and health care."
The states also signed onto the challenge are Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Louisiana, Maine, Michigan, Mississippi, Montana, Nebraska, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, West Virginia and Wisconsin.
(Excerpt) Read more at nashvillescene.com ...
There are also now more than 30 members of Congress (and that number is expected to grow) that have filed Amicus Briefs with the Court and even John Boehner is mumbling about Congress joining in the lawsuit (although I wish Boehner would stick to his side's set of powers which is the power of the purse; but they've already funded it, idiots).
The other great news is that Judge Hanen who is assigned to the case is reviewing these cases carefully for unforeseen consequences which I translate that he seeks to make his ruling as bulletproof as possible.
I particularly like the summation made by the Attorney General for Tennessee as it reveals their prior internal deliberations in which the argument is that it is appropriate for this to be put before the Court as the States are not able to wait for Congress to act.
"Congress can resolve all of the issues raised by this lawsuit, and the executive directives for that matter, by timely enacting legislation. But in the meantime the State cannot sit on the sidelines of this case, when unlawful directives of this magnitude grant lawful presence and other rights like work permits to such a large number. Asking a court to review this issue is the prudent choice, especially when state resources will be taxed under the directives to provide benefits like unemployment compensation and health care."
It also responds to the comments made yesterday by the liberal justice on the DC Court Beryl Howell that heard the Arpaio Motion for Preliminary Injunction which will be dismissed for purported 'lack of standing' through twisted reasoning. Judge Howell commented that Congress should address the issue.
When during a lameduck session the country is being surreptitiously overrun there is no time for Congress to enact legislation. The Court must intervene and issue a Preliminary Injunction.
Thank goodness.
About time.
Barry’s “unaccompanied” freeloaders should only be allowed to freeload in blue states. The red states should prohibit Barry and his commie ‘RATs from dumping illegals on the backs of their taxpayers.
Bout time!
After arresting and detaining illegal immigrants, send them by bus to blue states en masse. Let their sympathy feed the masses.
Good news that Tennessee is signing on.
This would never have happed with TN’s previous AG, a liberal limp wrist.
“...3 more are getting ready...”
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who dat?
When you decide that you are going to ignore the law completely, you have gone far beyond prosecutorial discretion to effectively repealing the law without Congress.
Nice idea, but they would just leech back elsewhere. I recommend doing what Pres. Eisenhower did with Operation Wetback and deport them directly to the shores of Mexico. Roughly 1.3 million Mexicans were sent back.
-—and county sheriffs could stop that dumping by setting up scanners on the county line and pulling over the alien smugglers and the rest of the feral employee enablers trying to help spread them out. Every body has license plate scanners now so it’s not necessary to roadblock everybody-—just a county mounty with a scanner and a really loud sireeen. This feral spread-them-out campaign has gone on way too long.
The south is solid.......
Terry the crook from Virginia has declared Virginia a yankee state
Agreed. This is wonderful news. The more states that join the more it sends the message that states are very concerned with this important issue.
What court would it go to? And I wonder how soon.
The lawsuit is filed in the Circuit Court for the Southern District of Texas (Brownsville). Good news is Judge Hanen is assigned to the case and he has a history of coming down hard on the Obama administration for their reckless border enforcement performance.
Pre-trial Briefs are due in Judge Hanen’s Court by March 31, 2015. Other states are pushing for a fast Preliminary Injunction Motion which could happen in a couple of weeks. There is one motion for Preliminary Injunction concerning DACA which is now before Judge Hanen and he has remarked that he needs to be very careful in its ruling as to its consequences. Although there’s no telling how he will rule, I take it to mean he is going to do his best to reign in the lawless and reckless actions of the Obama administration.
Judge Hanen could rule any day now on DACA.
For those just coming up to speed, DACA is Obama’s Deferred Action for Children of Aliens that started in 2012 and resulted in hundreds of thousands of young people rusing the border with all manner of criminal records and diseases. They were grouped and sent all over as a ‘staging’ so that they couldn’t be easily rounded up and sent back to their homes outside the USA.
If Judge Hanen rules against DACA, this will be a fatal blow to Obama’s current DACA expansion to the 5 million illegal aliens that he is preparing to make amnesty for. Border Patrol agents and Sheriffs say it’s not 5 million, it’s 20 million. This number is backed up by a solicitation work order for manufacturing up to 34 Million ID Cards for these illegals.
Obama really is aiding and abetting an invasion of the USA and those in the know understand clearly why he is doing it.
This is a very serious issue and is why I devote a lot of time to it.
Missouri, New Mexico, Wyoming. Governor Susan Martinez in New Mexico is pushing hard for the state to join the lawsuit. Chatter on the ground says the influential Native American population there is not happy about illegal amnesty. Missouri’s Senator Blunt has people pushing hard to join the lawsuit. And Wyoming is a deeply red state that is just getting up to speed to join in on the lawsuit.
Kentucky, Colorado and Alaska are waiting to seat new state reps who will push to join the lawsuit.
If all these six join the Abbott lawsuit, it will make a total of 31 states.
Even Oregon could eventually join as they just voted down by 2 to 1 a state initiative to allow illegals (undocumenteds) to obtain drivers licenses.
There’s also a lot of debate going on Iowa and Pennsylvania.
Things look good for this lawsuit.
from your mouth to god’s ear
danke schoen
Now is the time to start pushing the Convention of States.
It’s definitely being pushed. Have you called your state rep or state senator yet? Tell them to link up with ALEC (American Legislative Exchange Council) as soon as possible (http://www.alec.org) and help raise some travel funds for them to attend COS meetings at Mount Vernon.
Also register yourself and encourage others to do the same at http://www.conventionofstates.com to keep up to date with developments.
There is a truly outstanding presentation given by Mark Levin on this video here:
https://www.youtube.com/watch?v=tdZuV8JnvvA
Encourage all to view it especially your state elected reps and senators. Mark really drives it home for them. I’ve already watched it 3 times.
Good maybe this can do something about addressing the refuge cities. My old neighborhood I lived in for a while growing up in Knoxville used to be middle class or working poor and was safe. Now it’s overran with illegals. It’s the 37912 area code.
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