Nine state Attorney Generals release a report detailing the Obama Administration Violations of Law:
Taking Action
What these nine Attorneys General have collectively confirmed is that this Administration repeatedly shows disdain for states, federal laws it finds inconvenient, the Constitution and the courts.
With the release of this report, and its extensive list of transgressions, two principles are abundantly clear:
- This group of nine Attorneys General will grow and continue to serve as a de facto “task force,” assisting when possible to defend state laws and identifying “best practices” and legal arguments to fight back against the Obama Administration’s illegalities in a more cohesive and effective manner;
- The next election is critically important and as the states’ chief legal officers, the attorneys general will make a concerted effort to educate their states’ voters on the impacts that the Obama Administration’s legal violations have on their every day lives.
Regardless of party, when Washington politicians fail to adhere to the Constitution and the rule of law, state attorneys general become the last line of defense against an overreaching federal government.
List of Violations
- FCC: Regulation of the Internet in the face of a court order from Circuit Court of Appeals for Washington D.C. stating that the FCC does not have the power to regulate the Internet
- PPACA: Individual Mandate; To be heard by Supreme Court of the United States in March
- EPA 1: GHG lawsuit; EPA’s own Inspector General reported last September that EPA failed to comply with its own data standards; Heard in Circuit Court of Appeals for Washington D.C. in February
- OSM: Attempting to impose regulatory requirements on the 19 states with authority for exclusive regulation of their coalmines for the first time in more than 30 years
- NLRB: Boeing; Engaged in unprecedented behavior as described by former Chairmen under both Presidents Bush (43) and Clinton; behavior is best exemplified in South Carolina where the Board tried to muzzle over 80 percent of state voters who supported a secret ballot amendment to the South Carolina Constitution and attempted unsuccessfully to tell an employer in the state where they can and cannot base manufacturing facilities
- EPA: Florida Water; EPA’s numeric nutrient criteria pre-empted Florida standards; U.S. District Judge upheld the state's site-specific alternative criteria for streams and rivers
- EPA: Texas Air; TX filed lawsuit challenging Cross-State Air Pollution Rules; application rule to TX was particularly dubious because state was included in the regulation at the last minute and without an opportunity to respond to the proposed regulation; regulation was based on a dubious claim that air pollution from TX affected a single air-quality monitor in Granite City, Illinois more than 500 miles and three states away from Texas
- EPA: Oklahoma Air; EPA illegally usurped Oklahoma's authority in the Clean Air Act to determine the state's own plan for addressing sources of emissions that affect visibility, by imposing a federal implementation plan; Federal plan goes beyond the authority granted to the EPA in the Clean Air Act and will result in $2 billion in cost to install technology needed to complete the EPA plan, and a permanent increase of 15-20 percent in the cost of electricity; Obama Administration is fighting Oklahoma's appeal, which was filed in the 10th Circuit Court of Appeals
- HHS: Religious Liberty; HHS mandated religious entities such as Catholic, Baptist and Jewish schools and churches be required to provided medical services they find unconscionable to their employees; President attempted to compromise with an "accommodation" in name only that required insurance companies to provide the services for free to the religious organization employees; Accommodation made matters worse as many religious-base hospitals and schools are self-insurers; Seven Attorneys General filed suit to protect religious liberty and oppose the HHS mandate
- DOJ: South Carolina & Voting Rights Act: Rejecting voter ID statutes that are similar to those already approved by the Supreme Court of the United States; DOJ ignored section 8 of the Voting Rights Act which calls for protections against voter fraud, and used section 5 to administratively block measures to protect the integrity of elections passed by state legislatures in preclearance states including South Carolina; South Carolina voter ID law merely requires a voter to show photo identification in order to vote or to complete an affidavit at the pain of perjury if the voter does not have a photo ID
- DOJ: Arizona & Voting Rights Act: Rejecting voter ID statutes that are similar to those already approved by the Supreme Court of the United States
- DOJ: Arizona Immigration; In violation of 10th Amendment, federal government to sue to prevent AZ from using reasonable measures to discourage illegal immigration within Arizona's borders; Affects Arizona because state has a large percentage, compared to other states, of illegal immigrants and need to be able to act to reduce the number
- DOJ: Alabama Immigration; The DOJ challenged Alabama’s immigration reform laws after parts were “green lighted” by a federal judge; DOJ appealed the ruling; parts of the AL case have been struck down in various federal courts; specific provisions of the law include collection of the immigration status of public school students, businesses must use E-Verify, prohibition of illegal immigrants receiving public benefits; the provision requiring immigrants to always carry alien registration cards; allowance of lawsuits by state citizens who do not believe public officials are enforcing the law
- DOJ: South Carolina Immigration; DOJ challenged South Carolina's immigration reform laws that are very similar to the AZ which is scheduled to appear before the United States Supreme Court; SC case will be heard by the 4th Circuit soon there after as the 4th Circuit granted SC motion to extend the filing time until after the US Supreme Court issues an Opinion in AZ
- Congressional: “Recess" appointments to NLRB (three) and CFPB (one)
- EEOC: Hosanna Tabor (MI); Sought to reinstate a minister who was discharged for her disagreement with the religious doctrine of the church
- DOE: Yucca Mountain; In 2009, Administration arbitrarily broke federal law and derailed the most studied energy project in American history when DOE announced intent to withdraw 8,000 page Yucca Mountain licensing application with prejudice; SC and Washington State filed suit, as a result, contesting the unconstitutional action; American people have paid more than $31 billion (including interest) through percentages of electric rate fees towards the project and taxpayers have footed an addition $200 million in legal feeds and over $2 billion in judgments against the DOE for breaking contracts associated with Yucca Mountain
- DOI: Glendale Casino (AZ); Glendale is a violation because the Federal Government is forcing a family-oriented town, Glendale, to become another Las Vegas against its will. Essentially, the Federal Government has granted ‘reservation status’ to a 54-acre plot in the same town, where the Tohono O’odham Nation plans to build a resort and casino.
H/T CNS News.
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