Sunday, May 19, 2019

Texas asserts sovereign immunity against Congress

President Trump is not the only one who is defying Democrat-controlled committees of Congress. Stephen Dinan reports in the Washington Times,
Texas is objecting to Democrats’ requests for documents probing the state’s efforts to clean up its voter rolls, and documents detailing the state’s efforts to protect faith-based adoption and foster care providers against an Obama-era rule about working with same-sex couples.

The clash could break new legal ground.

Ken Cuccinelli, a former Republican attorney general in Virginia, said he never encountered the situation during his time in office, but he added that two constitutional principles are at stake: the sovereignty of states and the supremacy clause, which gives the federal government an edge in clashes with states.

He said Texas makes a strong case in its letters for why it will prevail.

“Congress doesn’t get to do oversight over states — period. Nor can they compel action by state officers,” he said. “If I were a betting man, I’d take Texas and give two touchdowns on this one.”
Read more here.

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