This article has been updated. As of this morning, it is being reported that Judge Howell has thrown out Arpaio’s lawsuit against Barack Obama over executive amnesty. Reuters reports:
A federal judge on Tuesday threw out a lawsuit brought against Barack Obama by an Arizona police chief who called the U.S. president’s sweeping immigration reforms unconstitutional, saying the plaintiff lacked legal standing in the case.
Judge Beryl Howell of the U.S. District Court for the District of Columbia denied the demand by Maricopa County Sheriff Joe Arpaio for a preliminary injunction to halt the policies.
Beryl’s 33-page decision said Arpaio did not meet the legal requirements to qualify as a person of standing in bringing the case on constitutional grounds.
Less than two weeks ago, Maricopa County Sheriff Joe Arpaio won his first bout in court against Obama Justice Department attorneys, when US District Judge Beryl A. Howell granted a motion to Arpaio’s attorney to move his lawsuit along quickly rather than bend to the pleas of the DOJ to give them more time due to the Christmas holidays. On Monday, Judge Howell listened to arguments in the case that could put a stop to Obama’s plans for executive amnesty.
U.S. District Judge Beryl Howell heard a request from attorney Larry Klayman of FreedomWatch on behalf of his client, Maricopa County, Arizona, Sheriff Joe Arpaio, to immediately stop the implementation of the executive action Obama announced Nov. 20, which effectively grants amnesty to an estimated 5 million illegal aliens.
Klayman said he was pleased the judge held an expedited preliminary injunction hearing.
“This was important because as we speak, millions of illegal aliens are in the process of being granted amnesty,” he said. “As presented to the court, a large number of these illegal aliens will be back onto the streets of Maricopa County and the nation as a whole. Many of these illegals are repeat criminal offenders. This puts a great strain on the resources of Sheriff Arpaio’s office and endangers the people of Maricopa County.”
Klayman said, win or lose, the case likely will go to the Supreme Court, which “will be the final arbiter of whether the president’s actions are constitutional or not.”
Earlier, Klayman argued Obama “cannot end-run Congress based on his own ’emperor-like’ actions.”
“By his own admission 22 times in the past, Obama lacks the power to take this unconstitutional executive action,” Klayman said. “To allow this to stand would amount to trashing our constitutional republic and set a bad precedent for future presidents. I am hopeful that the court will grant us the preliminary injunction, in order that the status quo of our current law can remain in effect, and allow the next Congress the right to enact any new legislation that can help solve our border and illegal immigration problems.”
Sheriff Arpaio told WND that if Obama’s illegal and unconstitutional act goes forward it will negatively impact his and other law enforcement’s abilities to carry out their duties and responsibilities.
“Specifically, it will severely strain our resources, both in manpower and financially, necessary to protect the citizens I was elected to serve,” he said.
Arpaio filed the lawsuit shortly after Obama’s speech in which he declared that he would basically be ignoring the law regarding illegal immigration.
Just last week U.S. District Court Judge Arthur Schwab issued an opinion in which he concluded, “President Obama’s unilateral legislative action violates the separation of powers provided for in the United States Constitution as well as the Take Care Clause, and therefore, is unconstitutional.”
Sheriff Arapio believes the country is under attack by Barack Obama and has been since he came into office. Back in September, Arpaio called Obama “the aggressor,” writing, “Our own President has overseen the release of thousands of illegal immigrants…hundreds of whom are convicted criminals – even felons, which are flooding into America.
America now awaits a decision from Judge Howell and wonders when Congress will step in the mix and do their duty and remove the usurper-in-chief.