Texas Governor Greg Abbott today led a coalition of six Governors in filing an Amici Curae – or friend of the court brief – to the United States Supreme Court in United States of America v. Texas over President Obama’s executive amnesty order. Joining Governor Abbott in the submission of this brief are the Governors of Alabama, New Jersey, New Mexico, South Dakota and Wisconsin.
“The Take Care Clause is comprised of only nine words: the President ‘shall take care that the laws be faithfully executed,’” reads the brief. “But a proper understanding of those nine words requires an appreciation of their roots in English history. That history shows that even the King of England could not suspend statutes, authorize individuals to violate statutes, or declare lawful the conduct that statutes declare unlawful.”
The brief concludes by pointing out that even the President, by his own admission, does not have the authority to do this: “The President was correct when he recognized that only Congress can lawfully effectuate DAPA. As he said in October 2010, ‘I am president, I am not king. I can’t do these things just by myself.’ Indeed, even James II could not do these things by himself. The framers adopted the Take Care Clause to ensure that the executive in this Republic is likewise forbidden to make law unilaterally.”
Gov. Abbott also announced his first book, Broken But Unbowed: The Fight to Fix a Broken America will be available May 17, 2016.
Last week a merits brief was filed with the U.S. Supreme Court by Texas Attorney General Ken Paxton on behalf of a 26-state coalition providing arguments against President Obama’s immigration plan. A press release from Paxton’s office termed the White House scheme, an “unlawful immigration plan that would grant ‘lawfully present” status to 4 million people who came to the United States illegally.”
To date, Texas has led the coalition with repeated favorable court decisions, “successfully securing an injunction against implementation of the President’s program, known as DAPA.”
“The Obama Administration has consistently demonstrated disregard for the rule of law in asserting that it has the legal authority to unilaterally change the immigration policy of the United States,” Attorney General Paxton stated. “Rewriting national immigration law requires the full and careful consideration of Congress, not the political will and assertion of one person. As the president himself said numerous times, he alone does not have the authority to grant millions of unauthorized aliens a host of benefits, including work authorization.”
On Nov. 9, 2015, Texas secured a success ruling in the U.S. Court of Appeals for the 5th Circuit when Solicitor General Scott Keller delivered oral arguments in July. It was the third time a federal court ruled in favor of the Texas-led coalition. Oral arguments before the Supreme Court will be April 18.
Joining Texas in the lawsuit are: Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Louisiana, Maine, Michigan, Mississippi, Montana, Nebraska, Nevada, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, West Virginia and Wisconsin.
“President Obama abdicated his responsibility to uphold the United States Constitution when he attempted to circumvent the laws passed by Congress via executive fiat, and Judge Hanen’s decision rightly stops the President’s overreach in its tracks,” Texas Governor Greg Abbott said shortly after the original U.S. District Court for the Southern District of Texas victory.
Federal Judge Andrew Hanen, of the Southern District of Texas, decided against the White House in his decision on the lawsuit.