Wednesday, April 6, 2016

House Sides with Texas in Amicus Brief in United States v. Texas

 

Speaker of the House Paul Ryan has announced that the House of Representatives has filed an amicus brief to the U.S. Supreme Court in United States v. Texas opposing the Obama administration's executive overreach. The brief sets forth why only Congress—not the executive branch—is empowered to write the nation’s immigration laws.

“The Constitution is clear: Presidents don’t write laws. Congress does,” Speaker Ryan said. “This administration’s executive overreach must be stopped. We are taking this extraordinary action to protect the integrity of our Constitution, and return power to the people.”

Here is a key quote from the full brief:

“Under our Constitution, Congress is entrusted with 'All legislative Powers,' including the 'Power To … establish an uniform Rule of Naturalization.' The Executive may disagree with the laws Congress enacts and may try to persuade Congress to change them. But neither any immigration law now on the books nor the Constitution empowers the Executive to authorize— let alone facilitate—the prospective violation of those laws on a massive class-wide scale.” (p. 35)

A number of other amicus briefs were filed in support of the state of Texas and should be posted shortly on SCOTUSBlog.com

KJ

https://lawprofessors.typepad.com/immigration/2016/04/speaker-of-the-house-paul-ryan-has-announced-that-the-house-of-representatives-has-filed-an-amicus-brief-to-the-us-supreme.html

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