| | |
| |
| ||||||
|
February 21, 2023 |
Shows court why program is unconstitutional |
WASHINGTON—Yesterday, the Immigration Reform Law Institute (IRLI) filed a friend-of-the-court brief in a Texas federal district court in support of Texas and other states suing to end the Biden administration's new duplication of the Obama-era Deferred Action for Childhood Arrivals program (DACA). The original program has been struck down by the Fifth Circuit Court of Appeals, in part because it never went through the mandatory notice-and-comment process. In response, Biden issued an exact copy of the original program, and sent it through notice and comment. Now it is the district court's job to decide, in the first instance, if duplicate DACA is substantively lawful.
In its brief, IRLI shows that duplicate DACA, like the original program, violates the Take Care Clause of the Constitution. In prior opinions reacting to Biden's unlawful border actions, Texas district courts and the Fifth Circuit have been busy explicating the executive's constitutional duty to take care that the nation's laws be faithfully executed. As these courts have written, the duty to take care was included in the Constitution to prevent the executive from "dispensing" with the law by refusing to enforce it against large classes of people selected by the executive. Such "dispensing" is exactly what duplicate DACA does, IRLI points out, and urges the court to strike it down on this alternative basis.
"This case remains important for a host of reasons, not the least of which is that it is Congress, not the executive, that has the constitutional authority to admit aliens or legalize illegal aliens," said Dale L. Wilcox, executive director and general counsel of IRLI. "In the current border crisis brought on by the executive's refusal to perform its duty under the law, it is urgent that the courts forcefully reiterate that principle, and we hope this court does so."
The case is Texas v. United States, No. 1:18-cv-00068 (S.D. Tex.). |
MY SON HUNTER
will be held at
Madison County Republican Women's monthly meeting
Tuesday, February 21st
6:00 PM - 8:00 PM
Fellowship Baptist Church Annex, 725 Gate Road, Madison
The meeting will feature delicious Pasta dishes with sides, and desserts by our members.
Dinner donation $10. Everyone is invited to attend this informative meeting.
For more information, please call (540) 923-4109.
A special Thank You to all our members for bringing your favorite pasta dishes, sides and desserts to share.
This past week, I submitted comments to the Federal Register in opposition to a Naming Commission recommendation to remove a Confederate Memorial at Arlington National Cemetery. The recent movement pushing for the removal of statues is an attempt to rewrite America's story. It devalues the United States' struggle to become a more perfect union and the progress we have made, consistent with our founding ideals.
The "Confederate Memorial" at Arlington Cemetery was constructed by the First Jewish graduate of Virginia Military Institute, Moses Jacob Ezekiel. The statue stands as a symbol of the reconciliation process our country went through to become more unified after the Civil War.
Efforts to remove statues like this encourage an endless cycle of renaming institutions, buildings, and cities across the country under the destructive ruse of political wokeness. Historical sites are healthy environments to observe varied perspective of historical events, engage diverse viewpoints, and inspire robust conversation as we remember our nation's history. We should support the mission and heritage of Arlington Cemetery and preserve the institution and its memorials.
INTRODUCTION
With just one week remaining in the 2023 General Assembly session, the House and Senate are now busy considering legislation submitted by their colleagues in the opposite chamber. Senators are splitting their time between listening to delegates in Senate committees extol the virtues of legislation that passed the House and appearing before delegates in House committees to explain the benefits of legislation that passed the Senate. Lawmakers who keep track of their steps during session can rack up a lot in a single day during this part of session.
IS ANYTHING GETTING DONE?
As this session has progressed, many of the media accounts have shifted from detailing bills on hot-button issues to discussing the demise of those bills. By now, most have read, heard, or seen news accounts that the Republican-majority House is passing bills that are subsequently being defeated by the Democrat-majority Senate – and vice-versa.
On a limited number of issues, this account of legislative progress is accurate. However, most issues being considered by the General Assembly are not the subject of philosophical or partisan divisions. But, the ones most likely to be covered in news accounts are.
There is no question that partisanship remains a factor, and for the last two sessions it has been dishearteningly on display in the appointment confirmation process. Late last week, Senate Democrats lined up to remove three of Governor Youngkin's appointees. As was made clear from the floor debate, these individuals were not removed because they weren't qualified for their appointments or weren't doing their jobs. To the contrary, they were all extremely well qualified and doing outstanding jobs. In large part, they were removed because Governor Youngkin appointed them.
You might not expect The Wall Street Journal to follow a session of the Virginia General Assembly. They did take notice of Senate Democrats' actions removing Governor Youngkin's appointees, though. In an editorial detailing the removal of one of the appointees from the State Board of Education, "A Shameful Vote in Virginia," the Journal editorial board wrote "Virginia Democrats have hit a new low…".
Having been on the Senate Floor for the votes removing that qualified appointee and the two others who were summarily dispatched by Senate Democrats, I concur with the Journal's assessment: Virginia Democrats did hit a new low.
Despite these setbacks, a lot of legislation is getting approved and is headed to the Governor's desk for his consideration. These final few days will determine the number of bills that will survive and how they will benefit the people of Virginia.
LEGISLATION
I was one of those senators rushing from Senate committees, where I reviewed legislation, to House committees, where I presented my bills.
As of Friday, 2/17, I have 9 bills that will be headed to Governor Youngkin for his reviewal. Senate Bills: 961, 964, 973, 975, 976, 986, 989, 1054, and 1132. I am still waiting on 4 of my other bills to go through House readings; I have submitted 26 bills this session.
Since only 9 of my bills have made it through the House thus far, much work still needs to be done. Next week is the last week of session, where in my final newsletter of session updates, you can expect a recap of my 26 bills and budget amendments. If you would like to track the progress of my 26 submitted bills from this session, click here.
CLOSING
The final week of this year's session promises to be eventful. Long sessions, conference committees, and – with any luck – an agreement on amendments to the 2022-2024 biennial budget are all part of the final week. I'll be back next week with what will hopefully be a wrap-up. Until then, have a great weekend!
Senator Mark Peake Contact Information
Email: district22@senate.virginia.gov
Phone: (804) 698-7522
|
|
|
|
|
|
|
|
Posts
All Comments
