April 18, 2016
Carson City, NV – Today, Nevada Attorney General Adam Paul Laxalt issued the following statement:
“In every generation, there is temptation to alter the structures and constraints of our Constitution in order to meet the political desires or expediencies of the moment,” said Laxalt. “I agree with our Nation’s Founders that our freedoms are best preserved in both the short term and the long term by politically operating within our constitutional structure.”
“Today marks an important day for the rule of law. The Supreme Court heard arguments on whether the president can act alone and create immigration laws without working with Congress as required by the Constitution. By the president’s own admission, his administration has disregarded checks-and-balances set forth in the Constitution, and the president’s executive order on immigration is no exception. The intent of the states’ lawsuit is not to give an opinion about immigration policy—that is the job of president working with Congress—but to restore the balance of power between the president and Congress. As shown by decisions in federal district and appellate courts in this case, the president overreached by attempting to make the law himself. I remain optimistic that the Supreme Court decision will result in the cherished principles of the rule of law and the separation of powers between the president and Congress being upheld.”
In January 2015, Nevada joined a coalition of 26 states in a legal action challenging the president’s unilateral executive action on immigration. In February 2015, U.S. District Judge Hanen issued a preliminary injunction halting the action. Later that month, AG Laxalt represented the states by testifying about why the states challenged the executive action and the federal district court’s issuance of an injunction. To view this testimony, click here. In November, the U.S. Court of Appeals for the Fifth Circuit affirmed the district court’s decision upholding the states’ position.
In addition to Nevada, other states that have joined the suit include: Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Louisiana, Maine, Michigan, Mississippi, Montana, Nebraska, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia and Wisconsin.