On Wednesday (Jan. 27), the attorneys general of six Republican states sent a joint letter to President Biden warning that any unconstitutional executive action or federal overreach could be subject to legal challenge.
The letter was initiated by West Virginia Attorney General Patrick Morrisey, with attorneys general from the other five states – Arkansas, Indiana, Mississippi, Montana and Texas.
The attorneys general told the Biden Administration that states could be triggered to file lawsuits against the government if they believe the federal government has violated the constitutional rights of individual citizens; or that the government has exceeded its authority; or that Biden has taken too much power for himself; or that government actions have not been scrutinized.
“We stand ready to meet with you to discuss more about how the following issues affect our country; litigation is never the first option, and we want to represent all Americans and assist your team in their important work based on adherence to the Constitution and the rule of law.” West Virginia’s attorney general Morrisey wrote in the letter.
The attorneys general also said they would have a duty and obligation to challenge in court if the law Biden signed is unconstitutional, and “we have an equal duty to act if Cabinet officials, administration officials and agents exceed their statutory authority, do not follow legal procedures, or do not make reasonable decisions based on the Administrative Procedure Act (APA). “
Biden issued a series of executive orders in his first week in office, some of which overturned Trump (Trump) era policies, and others dealing with policies such as climate change, racial equality and the Chinese Communist virus (Wuhan pneumonia) outbreak.
Some executive orders have already been questioned by outsiders, such as the decision to rejoin the Paris Climate Agreement and to cancel the U.S.-Canada Keystone XL pipeline, the latter of which is expected to either cost thousands of jobs and damage U.S.-Canada relations.
Second, the Biden administration’s adoption of a “quasi-Marxist” critical race theory in its policies, which seeks to prioritize certain historically disadvantaged races over others, has also met with strong opposition.
In addition, the Biden administration’s executive order, which discriminates on the basis of gender identity and sexual orientation, threatens the constitutional freedoms of individuals or organizations based on their religious beliefs that human beings are composed of two sexes, male and female.
“The president cannot take a constitutional ‘shortcut’ or circumvent the law with the inevitable consequences of doing more harm than good to our nation,” the attorneys general wrote. “Our republic and the lives of Americans are based on the carefully crafted (provisions) of our Constitution.”
The letter also cites religious freedom, as well as the right to bear arms, as two areas of concern.
The Biden administration’s executive order is currently facing several legal challenges. Texas Attorney General Ken Paxton, a Republican, filed a lawsuit on Friday to reverse a 100-day moratorium on deportations of large numbers of immigrants issued by Biden. Tuesday’s ruling by a Texas district judge halted Biden’s executive order, resulting in a legal defeat for the new administration’s immigration initiative.
On Wednesday, Biden signed an executive order suspending the issuance of new oil and gas leases in federal territory. The same day, a lawsuit was filed by the Western Energy Alliance, which alleges that Biden’s order exceeds his presidential authority and violates the Mineral Leasing Act, the National Environmental Policy Act and the Federal Land Policy and Management Act.
In the United States, it is not uncommon for states to bring legal challenges to presidential executive orders. During former President Trump’s four years in office, Democratic state attorneys general regularly filed lawsuits against Trump’s executive orders and regulations on health, climate and immigration issues.
Former California Attorney General Xavier Becerra, now Biden’s nominee for health secretary, has filed more than 100 lawsuits against the Trump Administration. The Trump administration has been sued 157 times, according to the website of Paul Nolette, an associate professor of political science at Marquette University.
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