Alabama files suit to rein-in refugee program, but…..
Posted by Ann Corcoran on January 8, 2016
….some legal observers say that Alabama’s (and Texas before it) legal arguments are off track.
There are two excellent articles this morning that go into detail about what Alabama alleges in its lawsuit and what a better alternative legal attack might be.
First we have Michael Patrick Leahy writing at Breitbart (click here) and Leo Hohmann here at World Net Daily, both must have given Richard Thompson (at the Thomas More Law Center) a busy afternoon fielding questions!
Truth be told, my head hurts on these legal points and so I’m leaving it to you, my dear readers, to sort through these articles. I’m going to say a bit more at my other blog, American Resistance 2016!
Here are the opening paragraphs of Hohmann’s article at WND:
Alabama has become the second state to sue the federal government alleging that it has failed to “consult” with state officials while secretly placing foreign refugees into communities.
The suit claims the Obama administration has violated the terms of the Refugee Act of 1980, which says the federal government “shall consult regularly” with states before placing refugees.
A spokeswoman for Gov. Robert Bentley told the Associated Press the lawsuit was filed Thursday, following a similar suit by Texas a month ago.
But an expert on the 1980 law governing refugee resettlement told WND that neither suit stands a chance of stopping the flow of refugees into Texas or Alabama.
Richard Thompson, president and chief counsel of the Thomas More Law Center, said his organization is not involved in either the Texas or the Alabama cases because he believes there is a stronger case to be made on the grounds of the 10th Amendment.
“They filed a suit on the grounds that the feds have failed to consult with the state on the location of refugees in the state, and failure to consult is a term that has no real definition to it. Texas has filed a similar suit that thus far has not gone anywhere,” Thompson said. “Thomas More Law Center’s position is that there is a constitutional claim and that claim is based on the 10th Amendment.”
Go here to our post a month ago about how the search is on for one brave governor!
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