Instead, AG Jackley is wasting his time on another anti-Obama court charade that will serve no interest beyond inflating Jackley's rep among the Republican base in 2018. AG Jackley yesterday announced that he has signed our state onto a lawsuit with 16 other states to challenge President Barack Obama's executive actions on immigration policy.
Jackley claims this suit is about the rule of law, even while lawbreaking EB-5 czar Joop Bollen walks free. Jackley claims this suit is about Presidential power, even though the President's directives are entirely Constitutional. Jackley claims this suit is about saving law enforcement, healthcare, and education resources, even though he is throwing away valuable South Dakota law enforcement resources on this lawsuit when he could be focusing on more pressing problems in South Dakota, even though his party's opposition to the Affordable Care Act has denied citizens of this state hundreds of millions of Medicaid dollars, and even though his Governor has just issued a visionless budget that continues decades of Republican neglect of education resources.
Jackley and his friends will also lose this suit, just as they lost most of the arguments Jackley endorsed in the anti-ACA lawsuit. The complaint itself claims that the President has "unilaterally suspend[ed] the immigration laws as applied to 4 million of the 11 million undocumented immigrants in the United States." But Congress has already effectively suspended those laws by not providing the Executive Branch sufficient resources to capture, prosecute, and deport all of the violators of those immigration laws. Throw out these executive actions, and the President will still be bound by Congress's constraints to inadequately enforce these laws. Absent the actions the President announced on November 20, we get worse outcomes, as we expend limited law enforcement resources more randomly and less efficiently instead of focusing efforts on the most dangerous criminals among illegal immigrants. The court cannot provide the litigants the relief their lawsuit seeks. The lawsuit should therefore be moot.
The complaint wastes valuable argumentation space quoting the President's public statements as if they were binding pronouncements on law. They are not. The complaint lists past Obama Administration immigration policies and alleges impacts therefrom as if they bear on the assessment of the Constitutionality of the President's actions. They do not.
Attorney General Jackley may as well be prosecuting local cops for not ticketing every speeder or staking out every bar on Friday night. Golly, that's a public official changing the law by not enforcing it in every instance, right? Where are the cries of tyranny there?
Attorney General Jackley will continue to use his office to waste the courts' time and our money. President Obama will continue to solve problems, with or without the cooperation of Republicans like Marty who care more about scoring partisan points than seeking real justice.