Editorial: Laxalt right to join in lawsuit over Obama executive order on immigration

The primary thrust of Nevada Attorney General Adam Laxalt’s decision to join 25 other states in suing over the president’s executive orders blocking deportation of millions of illegal immigrants is strictly about the rule of law and the limited powers granted by the Constitution.

The lawsuit spearheaded by the state of Texas and filed in federal court in Brownsville states clearly in its second paragraph: “This lawsuit is not about immigration. It is about the rule of law, presidential power, and the structural limits of the U.S. Constitution.”

In his press release announcing the state’s joining the list of plaintiffs, Laxalt also stated: “Our immigration system is broken and clearly needs to be fixed. But just as clearly, the solution is not for the president to act unilaterally disregarding the U.S. Constitution and laws. The solution must be a permanent, legal result that includes, not ignores, the other branches of government and their constitutional roles. Anything less is a false hope undermining the rule of law that injures millions of people in America, including many in Nevada.”

Nevada joined the suit the day after federal Judge Andrew Hanen heard arguments in the case. Judge Hanen repeatedly pressed the Justice Department attorney to explain by what legal authority President Obama could take such action.

Hanen is the judge who two years ago basically accused the Department of Homeland Security of aiding and abetting child smuggling when it stopped a smuggler bringing a 10-year-old El Salvadoran girl into the U.S., but then delivered the girl to her mother who had paid $8,500 to the smuggler.

The judge noted that the DHS failed to arrest the mother for instigating the conspiracy to violate our border security laws, but instead delivered the child to her — “thus successfully completing the mission of the criminal conspiracy. It did not arrest her. It did not prosecute her. It did not even initiate deportation proceedings for her. The DHS policy is a dangerous course of action. …”

The federal lawsuit joined by Laxalt points out that the DREAM Act that would have allowed children brought into this country illegally to stay was introduced in March 2009. After that Obama said on at least eight occasions he could not himself impose such amnesty.

“I am president, I am not king. I can’t do these things just by myself. …” he said. “I can’t just make the laws up by myself.”

In June 2012, Obama did just that, announcing the sweeping Deferred Action for Childhood Arrivals (DACA), even though his own Justice Department advised that immigration officials should be required “to evaluate each application for deferred action on a case-by-case basis, rather than granting deferred action automatically to all applicants …”

The acceptance rate for DACA applicants is more than 99.5 percent. Sounds automatic.
After that there was a clamor to not break up families and let the parents of those children remain in this country, too. To which Obama said on at least nine occasions, according to the lawsuit, that he did not have that power: “I’m not a king. I am the head of the executive branch of government. I’m required to follow the law.”

In November, Obama unilaterally waived deportations for the parents, candidly admitting, “I just took an action to change the law,” even though his own Justice Department advised “the proposed deferred action program for parents of DACA recipients would not be permissible.”

The lawsuit also points out the president’s action is costly to the states, because they are the ones who must pay for the health care, education and law enforcement related to those immigrants who have been given an incentive to come here and now accommodated to stay here.

Though the president has argued his actions amount to prosecutorial discretion, the suit notes he went far beyond that discretion, allowing them to be employed and benefit from Social Security and Medicaid.
All of these actions are the purview of Congress. The president is required by the Constitution to “take Care that the Laws be faithfully executed.”

We applaud the attorney general in joining in this quest to restore the rule of law.

A version of this editorial appears this week in the Battle Born Media newspapers — The Ely Times, the Mesquite Local News, the Mineral County Independent-News, the Eureka Sentinel and the Lincoln County Record.

Branco cartoon

39 comments on “Editorial: Laxalt right to join in lawsuit over Obama executive order on immigration

  1. agent provocateur says:

    Reblogged this on Nevada State Personnel Watch.

  2. Paul H. Lemmen says:

    Reblogged this on A Conservative Christian Man.

  3. gintuition says:

    Not quite an uptick in morale, but a change of direction. Hoping for much more…

  4. nyp says:

    Today’s Second Amendment Moment: 7 people shot dead in Douglasville, Georgia, including several children.

  5. Winston Smith says:

    You know, I don’t believe in forced vaccines, because I know than some people get sick, and even die from them. When a person does suffer from the side effects of a vaccination, I certainly don’t celebrate that my point is made, and more people may now support my point of view. To me, that is f’ing disgusting.

  6. Steve says:

    Domestic violence….desperation for supposed crazed gunmen killing innocent bystanders….you are stretching things again nyp.

  7. nyp says:

    Wow – two Second Amendment Moments in one day — three people shot at Pittsburgh mall. The holder of the Second Amendment rights is still at large.

  8. Steve says:

    Got your digs in early on it, nyp. Good thing! You can make up anything you like about that one since no details even exist yet.

    You want gun control laws? Go to the Middle East…THEY got LOTS of THOSE laws! And all the illegal weaponry you could ever ask for.

  9. Steve says:

    Hey, nyp. That mall has a policy in place regarding the carrying of weapons on the property.

    From the AP:
    “Weapons are banned at the mall, whose code of conduct specifically prohibits “Carrying or displaying weapons of any kind except those carried by certified law enforcement officers in the performance of their duties.”

    This was due to a large fight at that mall a short time back…the “increased security” and “certified law enforcement” really did a great job preventing this incident which is very likely to be another domestic violence episode.

    You are really trying to stretch the impossible and this time you jumped on the politics before the truth was even a twinkle in the news.

    Got to LOVE those victim disarmament zones, they are your liberal utopia!

    I will shop elsewhere, thanks.

  10. nyp says:

    good point – if only everyone in the mall had been packing heat, this tragedy could have been averted.

  11. Steve says:

    Or if even one person had been at the scene ready and able to act….even one of those “certified law enforcement officers” they tout as the only option for defensive security…did you notice that policy even disallows their own security staff carrying any weapons? They can only watch and be paid to be witnesses at the trial after the fact.

    Nyp,,,if only people were totally allowed to conceal carry,,,things would be better. Just the threat that someone could be carrying in the area would be enough to slow this stuff.

    Keep on trying to disarm the country…pretty soon you will have the utopia you wanted. Be careful what you wish for, you may just get it.
    Thankfully, your peeps vision of utopia does not appear to be fooling people in the USA anymore. (PEW has the numbers)

  12. Steve says:

    That mall has 1.1 million square feet of shopping floor space…this does not include the back hallways and loading docks.
    The mall operator and local police decided to have four officers on site at all times….four.

    I know its a bumper sticker but it is very well supported with this incident, nyp.

    When seconds count, police are minutes away.

    Even when they are on site.

  13. Rincon says:

    “As many as one out of every 20 children with measles gets pneumonia, the most common cause of death from measles in young children.
    About one child out of every 1,000 who get measles will develop encephalitis (swelling of the brain) that can lead to convulsions and can leave the child deaf or mentally retarded.
    For every 1,000 children who get measles, one or two will die from it.” http://www.cdc.gov/measles/about/complications.html
    “The virus can hang suspended in the air for several hours, so it is possible to catch measles just by walking into a room where an infected person has recently spent time”

    I have to respectfully disagree with you Winston. Infants less than 1 year of age cannot be vaccinated and so, are unprotected. This makes it all but impossible for parents to protect their babies from the few morons that regard Jenny McCarthy as an epidemiologist. Failing to require vaccination enables some people to seriously harm others. We jail drunk drivers on the same basis. Should drunks have the right to refuse testing?

    A hundred years ago, people with TB were put into sanitariums. People with leprosy were put on islands. Millions of lives were saved, but today, we reject those same effective measures. If not for the ACLU and the like, the AIDS epidemic in this country could have been drastically smaller, but because we have unlearned the effective measure called quarantine, tens or hundreds of thousands died from the willful acts of those who had AIDS (Full quarantine wouldn’t even have been necessary for AIDS). Millions died because we were were too afraid of science to require testing. Just as with drunk drivers, if you’re a threat to others, steps to reduce the threat should be taken. If the government has the right to draft a kid into the military, they have the right to require a kid of a younger age to be vaccinated.

  14. Steve says:

    Another way to say it.
    If no one can bring peanut butter and jelly sandwiches to school then no one should be allowed to bring an unvaccinated child to school.

  15. Winston Smith says:

    I don’t believe in the draft. If the government can’t make a reasonable case for our nation going to war, which would encourage people to enlist, then it has no legitimate power to force servitude.

    Meanwhile, I believe that the government has been suppressing negative data about vaccines, mainly stories that, while a small percentage of the total, show that some people have suffered greatly, or even died, from them. I only ask that there be full disclosure, so people know the risks.

  16. Steve says:

    It was thimerosal that got everyone in such an uproar over the potential for vaccines to cause autism in children. This stuff had been in use as a preservative in all vaccines since the 1930’s with no discernible negative effects. Though huge positive results were and are well known.
    Nevertheless, the complaints of the public were heard and thimerosal has been removed from all childhood vaccines as of 2001 and it has since been used only in some influenza vaccines.

    Full disclosure is openly available via your favorite search engine.

  17. Rincon says:

    There may be a reasonable way to allow freedom while convincing people to not be too stupid. If a company that fails to recall their unsafe product is liable, then people who fail to vaccinate their children should also be liable if another’s child is harmed due to their negligence. Fair enough.

  18. Rincon says:

    Come to think of it, if their own child dies, would it not be reckless homicide?

  19. Steve says:

    No matter what natural news claims about this case, it is not one of diabolical intent to kill people with shots…it may have been one of intentional action on the part of Merck to get paid by the Feds but there is no proof of that and no one has died from any of the allegedly intentionally mislabeled vaccines provided to the federal government by Merck.
    This could very easily have been disgruntled former employees looking for a jackpot.

    As for the poor woman who died of Sepsis from contracting the flu this season, it is well reported that this years flu shot is only about 25% effective due to errors made in predicting which strains of the flu would be prevalent. It is very possible for anyone to get the flu as a result, shot or no shot this year. She is a victim of the flu…not the shot.
    As for me, I have always been very resistant to colds and flu’s bouncing back from them within a day or two of symptoms appearing. I haven’t needed any of those shots but I have had shots in my past…in school and when I went into the Air Force. In every instance I had no ill effects.

  20. Rincon says:

    How can anyone who questions the scientific evidence of global warming buy this story in Natural News hook, line, and sinker? First of all, Natural News is hardly a reliable source of medical information, but let’s give ’em the benefit of the doubt and say they’re reporting responsibly. The evidence provided by this anecdote is near zero.

    Consider a vaccine given to tens of millions of people. Because it’s such a huge number of people, it’s guaranteed that you will find some astounding pure coincidences if you look for them. I’ve seen many case of sepsis of unknown origin in dogs and cats. I assume this occurs in people occasionally as well. It is a given that by chance, many of the millions receiving a vaccine will get some devastating illness during that year – if not sepsis, then some other awful malady that can conveniently be blamed on a vaccine. The odds for each of these people are 1 out of 52 that by pure chance, they will come down with their illness within a week of the vaccine, so one odd case impresses me exactly zero. It’s true that there are lies, damned lies, and statistics, but the real truth is in properly treated statistics. There is little to no truth to be gleaned from anecdotes. This is a good example of our failed educational system. Anyone with a tiny little bit of real scientific training would immediately dismiss this article unless it is backed up by far more evidence. Unfortunately, our primary and secondary schools don’t teach these simple truths.

  21. Steve says:



    Not so trying to tie Brian Williams to this case is reality. It is extremely easy to find opinionated articles from each side that are similar to that link Winston. Controlfreak illness is non partisan.

  22. Steve says:

    Not so SURE….my dyslexia rears ITS ugly head.

  23. Steve says:

    AND the mercury is no longer used as a preservative…you need to find new evidence and new cases, to use in arguing this.

  24. Winston Smith says:

    From my last link:

    Attkisson notes in her book that in 2008, the federal government agreed to pay damages to the family of Hannah Poling, “a child who developed autism after multiple vaccinations.” Attkisson explained that the “landmark case” amounted to $1.5 million for the girl the first year and $500,000 each year after. In total, the compensation could amount to $20 million over the child’s lifetime.

    The Poling case was just one of thousands of cases filed in the National Vaccine Injury Program. But it was selected as a “test case” to evaluate the arguments underlying most of the other vaccine-autism claims.

    Attkisson writes that the case was “ordered sealed, protecting the pharmaceutical vaccine industry and keeping the crucial information hidden from other families who have autistic children and also believe vaccines to be the culprit.” But word leaked out.

    As I said before, it seems there are people trying to keep some or most of this suppressed. How much? Who knows? Big Pharma and the AMA may be complicit in this, and there have been attempts to make anyone who thinks there have been or currently are vaccine problems look like tin foil hat crazies. Jenny McCarthy for one.

    My point is, there seems to be anecdotal evidence of perfectly healthy people getting very sick or even dying shortly after taking a vaccine, but in order to “protect the public”, this info is kept from the public, so a general rejection of vaccines does not ensue. But apparently the genie is out of the bottle, because so many news reports these days keep saying there are too many parents not getting their children vaccinated. Well, gee, maybe if the powers that be had been more honest about this negative stuff happening, those “paranoid” parents would be more even-keeled about the whole thing.

    By denying for years there was anything wrong, when the truth finally comes out, like with thimerosal, people aren’t as likely to trust the system anymore. Of course, this distrust of the system on many levels is becoming more prevalent, whether it is GMOs, weapons of mass destruction, 9/11, Benghazi, or anything else government touches.

    It’s beginning to resemble the days of Pravda here, where the citizens just passively know their government is lying about many things, no matter which party is in charge, but are becoming so used to it that they can’t bring themselves to trust anyone who claims they can change the system.

    Bottom line, the public may well be playing Vaccine Roulette, and now with mandatory vaccines being debated, it could get quite ugly.

    War is Peace; Freedom is Slavery; All Vaccines are Safe — Always Have Been

  25. Steve says:

    Test cases were thrown out in 2010.
    Mercury is no longer used in vaccines.
    You need some cases with starting dates after the mercury was all worked out of the supply.
    Your link is to a very opinion related source that calls itself “news”. You are falling for the very thing you claim everyone else is falling for.

  26. Bravo Adam Laxalt…

  27. Steve says:

    HPV vaccine was questionable right from the start, Winston. It has nothing to do with measles or mumps…or the flu.
    Or mercury.

    In my short scan of it, this site is not one sided.

  28. Rincon says:

    So the Pollings won the legal lotto run by our famous legal system. I suppose this has all the merits of the trial over McDonald’s hot coffee? Who’s right, the scientific community or a judge/jury? In Illinois, I know the answer. We had 69 people on death row convicted of murder when the scientists came along and showed the fallibility of judges and juries. All 69 were proven innocent by the advent of DNA technology. As usual the scientists were right, the legal system wrong.

    Tell me Winston, since the odds of any one child developing autism on a given day in a year are 1 in 365, and since kids probably average far more than one vaccine a year during the period when autism could develop, How could ANY lawyer demonstrate that a given child developed autism due to a vaccine? Is there ANY way that you can imagine? I say it cannot be done. Go ahead, prove me wrong. The only way this award was made is the same way that Illinois managed to put 69 innocent individuals on death row. If you do not believe the scientific community, why then would you believe in our cockamamie legal system?

    This does highlight one more reason why parents should have their children vaccinated. It’s a chance to win big. If your kid does happen to develop autism within a week or two of a vaccine – and kids get lots of vaccines – you too can become a millionaire!

  29. Winston Smith says:

    I wasn’t even originally writing about a specific vaccine or autism, Rincon brought that up. I was attempting to make the point that some vaccines have certainly been less than safe, but much of that has been covered up, or at least somewhat suppressed. From what I’ve read, the mercury/autism problem is not immediate, sometimes taking several months to identify, hence difficult to prove cause and effect. The HPV vaccine situation is apparently much easier to trace back.

    Again, from Cliff Kincaid:

    Attkisson writes that the case was “ordered sealed, protecting the pharmaceutical vaccine industry and keeping the crucial information hidden from other families who have autistic children and also believe vaccines to be the culprit.” But word leaked out.

    If Attkisson is correct, my point is made. Whether the vaccine-autism connection is true may still be debatable, but it certainly seems there was an effort to keep that one test case under wraps, lest every parent with an autistic child throws a fit.

  30. Steve says:

    On that side of the issue, Winston, we have agreement. Cover ups and lack of transparency from our government only serves to make problems worse.

  31. […] Attorney General Adam Laxalt joined the suit a day after the hearing on the case before Judge […]

  32. […] Laxalt said at the time he joined the litigation, “Our immigration system is broken and clearly needs to be fixed. But just as clearly, the solution is not for the president to act unilaterally disregarding the U.S. Constitution and laws. The solution must be a permanent, legal result that includes, not ignores, the other branches of government and their constitutional roles. Anything less is a false hope undermining the rule of law that injures millions of people in America, including many in Nevada.” […]

  33. […] January, Nevada Attorney General Adam Laxalt explained why he decided to join the litigation in which Texas was the lead plaintiff. “The solution must […]

  34. […] course, Republican Attorney General Adam Laxalt did join other states in suing the Obama administration over DACA. He said in a press release at the time, […]

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