Not a Lexis Advance subscriber? Try it out for free.
LexisNexis® CLE On-Demand features premium content from partners like American Law Institute Continuing Legal Education and Pozner & Dodd. Choose from a broad listing of topics suited for law firms, corporate legal departments, and government entities. Individual courses and subscriptions available.
"In a political stunt of a lawsuit, Texas and other states claim the White House's immigration initiatives announced on Nov. 20, 2014 are illegal.
The problem is that the suit has no legs, because the plaintiffs lack "standing" to sue.
In a definitive 55-page memo filed on Dec. 24, 2014 Justice Department lawyers show, step-by-step, how Texas cannot show any "injury" flowing from the President's actions. In other words, if you can't show that you have been hurt, or will be hurt, you can't sue.
Coming on the heels of a Dec. 23, 2014 ruling by Judge Howell in DC dismissing Sheriff Joe Arpaio's lawsuit against President Obama, also booted for lack of standing, this DOJ memo should give Judge Hanen in Brownsville ample reason to dismiss Texas' meritless effort.
Unlike Jaime Escalante's students in East L.A., who did 'stand and deliver,' Rick Perry's lawyers have nothing to stand on, and will deliver nothing." - Daniel M. Kowalski, Dec. 26, 2014.
Follow Dan Kowalski on Twitter: www.twitter.com/dkbib