The technicality blocking Obama’s immigration order

Excerpt from a Reuters explanation of the tricky technicality forming the basis of the Federal court ruling out of Texas that blocks President Obama’s immigration executive orders from moving forward:

U.S. District Judge Andrew Hanen avoided diving into sweeping constitutional questions or tackling presidential powers head-on. Instead, he faulted Obama for not giving public notice of his plans.

The failure to do so, Hanen wrote, was a violation of the 1946 Administrative Procedure Act, which requires notice in a publication called the Federal Register as well as an opportunity for people to submit views in writing.

 
There’s a longer, more spelled out version further down in the article.

The other point of interest/concern in this story, not commented upon in the article, is that the lawsuit was brought by 26 state governments. As our writer Sasha examined in an article in December 2014, Republican State Attorneys General have been repeatedly acting in concert to file coordinated, mass lawsuits against the Obama Administration on every conceivable issue. Executive orders and actions have been a particularly favored target.

I don’t know exactly which states are involved in this particular, but I’m betting it’s most (if not all) of the states with Republican Attorneys General (since they control about that many at the moment).

US-Mexico border fence at Tijuana and San Diego by the Pacific Ocean. (Credit: JamesReyes)

US-Mexico border fence at Tijuana and San Diego by the Pacific Ocean. (Credit: JamesReyes)

January 21, 2015 – Arsenal For Democracy 114

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Topics: Republican State Attorneys General, the NYPD mutiny, US-Russian relations. People: Bill, Nate, Sasha. Produced: January 19th, 2015.

Discussion Points:

– How are Republican Attorneys General helping corporations fight common sense regulation?
– Is the NYPD beyond the control of the people of New York City and Mayor De Blasio?
– The end of nuclear partnership: When should the US view Russian actions as threatening versus posturing?

Episode 114 (52 min)
AFD 114

Related links
Segment 1

AFD, by Sasha: State Attorneys General are ruining the Earth. Literally.
NYT: Energy Firms in Secretive Alliance With Attorneys General

Segment 2

AFD: NYC: Overwhelming opposition to the NYPD mutiny
The Globalist, by Bill: New York: De Blasio Vs. a Renegade Police Department
AFD: The NYPD: America’s Secret Police
AFD, by De Ana: #BlackLivesMatter means just that, not that police lives don’t
Reuters: Off duty, black cops in New York feel threat from fellow police

Segment 3

Boston Globe: Russia ends US nuclear security alliance
The Globalist: Kaliningrad: Achilles’ Heel for the West

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State Attorneys General are ruining the Earth. Literally.

Sigh. It seems that despite the overwhelming voice of Americans insisting the government take steps to reduce the effects of climate change, there are still those (read: gas and oil companies) that insist on blocking the effort. The New York Times’ Eric Lipton wrote a riveting piece on the collaboration of Republican state Attorneys General and corporations’ to push to dismantle the E.P.A and Obama administration’s regulations. He notes:

Democrats for more than a decade have teamed up with environmental groups such as the Sierra Club to use the court system to impose stricter regulation. But never before have attorneys general joined on this scale with corporate interests to challenge Washington and file lawsuits in federal court.

 
I’ll skip over the obvious in this statement (Democrats were trying to protect the air we breathe), and move onto the fact that this is incredibly dangerous and unprecedented business. David B. Frohnmayer, a former Republican Attorney General from Oregon noted that these Attorneys General are shamelessly using a public office to support corporate interests and their financial interests.

While these gas and oil companies are reveling in the success of these shared efforts, Republican Attorneys General — who represent half the states right now — are reaping the benefits of raised national profiles and a club that acts like a national law firm. The club has systematically filed lawsuits against major federal policy, including the Affordable Care Act, securities regulation, and recently Obama’s action on immigration.

Lipton focuses on one Attorney General in particular, Scott Pruitt of Oklahoma, a particularly proud collaborator with the industry. Mr. Pruitt’s office moved a couple words around in a three-page letter from Devon Energy, one of Oklahoma’s largest oil and gas companies, and sent it off to Washington on official state letterhead. One of Mr. Pruitt’s closest partners has been Harold M. Hamm, the Chief Executive of Continental Resources. Mr. Pruitt hangs out with Andrew P. Miller, a former Virginia Attorney General, who in turn has clients like TransCanada (aka the company behind the Keystone XL pipeline).
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