As of this week, the Biden administration has two blossoming legal disputes with Texas, both of which may end up before a hostile Supreme Court and both of which deal with issues core to federalism in the U.S.
Since when do states’ rights take precedence over our national Constitution and Federal laws? Certainly not since the Civil War and the 14th Amendment.
Which will then sue to force reimbursement because “The Federal Government abandoned their responsibility to protect the border and we (Texas) would not have had this expense otherwise.”
But you go to court with the judges you have, not the ones you wish you had. That’s the problem here.
The Right has been trying to wrest control of the narrative in the Federal government for decades. They now have all the pieces in place. A couple of well-placed decisions in their favor and the pendulum will have completed its swing from Liberalism to Conservatism. It could be another 30, 40 or 50 years before it swings back again.
I like to think the rightward movement in this country has reached its apogee and begun to swing back around.
McConnell’s abandonment of normal process for supreme court appointments seems to me a harbinger of that, as was the success of Bernie Sanders candidacy.
Now, it looks to me like they’re trying to institutionalize and entrench the changes they want.
My hope is it will become an increasingly steep uphill climb, which ultimately becomes impassable.
I don’t think, I might be wrong, that the federal government is obligated to hand over money to states. I don’t think there’s anything in the appropriations clause that says “states deserve money to carry out pet projects.” Congress would have to specifically appropriate money for TX to run its peculiar immigration program.
If Texas wants to control immigration, why not require E-Verify for every single job in the State?
"As stated, E-Verify requirements by state can vary when it comes to mandate coverage. Below are the states that require all or most businesses to use the E-Verify system when hiring new employees:
I think it would be more like, “The goverment musn’t be allowed to insert itself into the process by which businesses find suitable employees,” but, yes.
I don’t disagree with you, but that won’t stop them from trying. Plus the Supremes could just say, “The money was allocated in the budget, even if not specified for a particular state, so hand it over.”
One wonders what would happen if Texas were granted its wish to rid itself of federal entanglements and the federal government just up and pulled every military base and federal institution out of Texas???
Be careful what you wish for because if the Supreme Court sides with Texas and states can set their own immigration policies and who can be deemed a legal resident, then I do not know how Texas could arrest illegal immigrants if say California has a different policy.
If states can set different immigration policy, then what happens if someone California allows to stay in the US visits Texas?
Or to put another way, can a state make it illegal for legal residents of another state to visit? Are we now headed to where you must have a passport or some other documentation to legally enter Texas from another state. Will Texas be issuing visas to leave and enter?
I do not see how America remains a union of states if the Supreme Court allows this to stand or in the alternative does not force Texas to accept immigrants granted status to stay by other states.