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Jackley Joins Texas+15 Lawsuit over Presidential Immigration Action

Attorney General Marty Jackley could be interrogating, arresting, and suing Joop Bollen. He could be arresting Chad Haber for hiding his campaign finance reports for six weeks and counting.

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.


  1. jerry 2014.12.04

    We really should be calling this exactly what it is, RACISM in all of its ugliness. You are correct in the take that if Jackley cared in the least about law and order, he would arrest Bollen and the rest of the sorry bunch that stole taxpayer dollars. He would arrest Haber for campaign shenanigans and start the process of trials. This is not about law and order, this is about a Black man that is our president that lives in the Whitehouse with his Black family. Jackley and the rest of the bottom feeders have been doing this undoing of an elected official since the election of 2008. For 7 plus years, we have been battered with the continuation of Jackley and the rest of the white power structure, degrade and show their utter contempt for the law and order that elected President Obama to the highest office in the land. Jackley is an ass, and is probably going to be our next governor, so I guess we will just have to get used to the cross burning. His base is providing the matches and the bed sheets, disgusting.

  2. o 2014.12.04

    Here is the concern for single-party rule: the tail is now wagging the dog. The GOP has again decided that SD will declare war on the President.

    That a Presidential Executive Order on the issue of immigration tops the list of lawless acts in South Dakota shows that we do need to start paying attention to the man behind the curtain -- the person (people) actually making decisions and giving the marching orders on what our elected officials do in our state.

  3. JeniW 2014.12.04

    My first thought was how many people who are/were in SD illegally has Jackley pursued, and had deported?

  4. jerry 2014.12.04

    o, I am thinking the first place to look is the regents. They seem to be involved up to their dirty little eyebrows into all things corrupt in the state. Take a look at the big ole elephant in the room, the EB-5 for starters. Then look at the latest nonsense when they gave Heather, be thy name, Wilson the vote of confidence before even reading the devastating report on her activities. The syndicate dictates the marching orders, we just need to see the puppeteer.

  5. Vickie 2014.12.04

    Politics is such a stinking mess in SD. Corruption appears to be rampant with no end in sight because not enough people give a damn to stop it or without the power to stop it. I don't believe that it will end in my lifetime. If I could afford it,I'd pack my crap and move out of the state.

  6. 96Tears 2014.12.04

    If we've learned anything from last month it's a Republican must be a big enough and dumb enough jerk to be elected to higher office. Jackley's just working on his next election.

  7. Bill Fleming 2014.12.04

    Aren't there three lawsuits pending now? The ACA thing, SSM, and now this Immigration deal. Seems like Jackley and Company will most likely lose all three of them. I wonder if that will make any difference to him or any who voted for him. Time (and public opinion) moves pretty quickly these days. In the future these will all three most likely be considered "mistakes," or at minimum being "on the wrong side of history."

    Heard an interesting comment today about there being a big difference between being a "conservative" and being a "confederate." Seems like some of our good South Dakotans who claim to be conservatives might want to take a close look at the distinction being made there.

    p.s. anyone know or care to guess where Jackley might stand on the recent "grand jury" controversies?

  8. Loren 2014.12.04

    Starting to look like the only difference between a conservative and a confederate is the Mason-Dixon line! Geez, we are looking more like North Mississippi than South Dakota!

  9. Roger Cornelius 2014.12.04

    Jackley is trying to out redneck other redneck states, he's been successful so far.

  10. Wayne Pauli 2014.12.04

    Jackley,, are a complete embarrassment to those of us who would like our State to amount to something. When I think about all the work my grandfather put in homesteading, and how my Dad and Mom worked till their health failed and then I see crap like this it just makes me want to scream. Total disappointment in this entire ruling group, and there is no end in sight. There is also no compassion, no thanksgiving, no humility, and apparently no day of reckoning for any of them.

  11. Jaka 2014.12.04

    Vickie, in order to be able to afford to move you need to break laws like Bollen did --then slip under palm trees in the Philippines with a margarita--and or, go to DC as a senator from a gop state like SD!!!!

  12. Jana 2014.12.04

    "JustUs" Describes Jackley.

    I stand behind my belief that the GOP has pushed hard to control the AG slot in states for a reason. I think Marty gets a merit badge for every time he plays show pony in suing the black, Muslim President form Kenya.

    Marty, stop being a show pony and take a look in your own know...the state where you actually are getting a paycheck from. The one that the taxpayers sign. Marty may think this is a good move to be cool with the cool kids...but history will not be kind.

  13. bearcreekbat 2014.12.04

    Here is how a Hispanic advocacy group feels about this lawsuit: "Republicans . . . push to tear Latino and immigrant families apart for the sake of partisan point scoring."

    That evaluation appears quite accurate. It also seems contrary to the values shared by most South Dakotans. But Marty apparently has decided that tearing families apart for political gain is the path to political advancement. I would think that a thoughtful Democratic campaign that identifies this dis-connect to the voters who care about family values would have a reasonable chance of success in the next election. Meanwhile, the SD AG's office is being misused by Marty merely to increase his right wing political standing among out of state Republicans.

  14. caheidelberger Post author | 2014.12.04

    Put BCB and Jerry together, and we level a charge of double racism against Jackley and the GOP: attacking a black President for daring exercise Presidential authority to help mostly darker people from elsewhere. Ouch.

    And in the rarest event of the year, I presume to correct an error by "O": The President's action is not an Executive Order. I thought it was, too, but then I checked the official list found the President hasn't issued an Executive Order since October 17. From the NPR link in the original post, I learned the President's action is just an "executive action." I'm not sure what impact that will have on the jurisprudence, but it is a terminology point we should watch.

  15. caheidelberger Post author | 2014.12.04

    Larry, if I were Joop, I'd be pleased, too. But then it is possible that Bollen knew all along he need not fear GOAC or Jackley taking a serious look into his EB-5 shenanigans.

  16. Bill Fleming 2014.12.04

    There was also a vote in the house today to cancel the President's executive action, and I'm guessing Ms. Noem voted for it. That would put her in the 'tearing-families-apart' camp, sending perhaps hundreds of thousands of American citizen children (or more) into foster care. Anyone know for sure how she voted? I'm hoping hers was a no vote but I wouldn't bet on it.

  17. caheidelberger Post author | 2014.12.04

    Vickie, I wish poverty on no one, but I am glad you're sticking around. We need every vote we can get to secure the only day of reckoning possible for these guys: defeat at the polls. (Wayne Pauli, are you close to retirement? Can we recruit you to run for some office?)

  18. leslie 2014.12.04

    indiana gov. running for pres. in 2016 DIRECTED his AG to join the suit of 17 not for immigration but because it denies his state representation in policy making thru its elected representatives. Politico, j. hohmann, 12.4.14

    well shall see daugaard's reason

  19. caheidelberger Post author | 2014.12.04

    Ah, Bill, you speak of HR 5759, the Executive Amnesty Prevention Act. Of course Noem voted for it. The bill, one paper clause, includes no funding to allow the President to carry out the letter of the law and deport every illegal immigrant.

  20. leslie 2014.12.04

    not only does daugaard fail to prosecute joop, and those upstream including rounds and himself via his SDGOP AG, its hundred lawyers and massive law enforcement investigative industry; but, Jackley also carries out the SDGOP administrative policy that fraudulent proceeds are left undisturbed in the hands of the "evil doers".

  21. larry kurtz 2014.12.04

    tempest in a tea bag.

  22. larry kurtz 2014.12.04

    Nearly every one of these GOP attorneys general faces a Democratic US Attorney in his state. Men prosecuting men prosecutors: is this a great country or what?

  23. grudznick 2014.12.04

    Governor Martinez has some fancy moves ready for you, Lar. Just hold on to your pipe, young man. You'll be back to the grotto in no time.

  24. jerry 2014.12.04

    Wanna know why Jackley has his panties in a bunch? Check out this headline "Health cost growth hits a new low" in the same article "The 3.6 percent growth that the Centers for Medicare and Medicaid recorded in 2013 is the smallest increase the agency has ever seen since it started tracking medical spending in 1960" This is from

    Great googly woogly. Jackley is a clever little loon, but not clever enough to fool the taxpayers when they get the bill for this charade with the ACA, the gay marriage and now this pos lawsuit. What needs to be done is to publicize the numbers of what he is costing us. Keep on pushing those numbers starting now until he thinks he will be getting the coronation to be the new boss. daugaard and Jackley need to wear this anvil and try to act proud of how much they are costing us.

  25. grudznick 2014.12.04

    It's funny how the libbies are so busy attacking Mr. Jackley and he won't even be running against Ms. Wismer for 4 more years. Do you really think Ms. Wismer, the best the Dems can offer, will beat Mr. Jackley? I don't. I think that is an insaner thought than most.

  26. Deb Geelsdottir 2014.12.04

    Grudz, I don't think the attacks are about political elections. I think they are about public corruption, criminal acts, and justice for all South Dakotans. At least that's what so greatly disappoints me and makes me angry.

  27. JeniW 2014.12.04

    Grudz, why are you attacking Ms. Wismer?

    Being a tad bit of a hypocrite are you?

  28. grudznick 2014.12.04

    Ms. Jeni, I fear I fail to fathom your feelings about me and Ms. Wismer. I believe she is the best candidate for governor the Democrat party has lined up for 2018. If that is not in line with your thoughts where her experience and practice at being a candidate is important then please let us all know your thoughts. Because Ms. Wismer and I are not on bad attacking terms. She would like me and no doubt cook me an omelette if she had the chance.

  29. Deb Geelsdottir 2014.12.04

    Speaking of the law, is anyone following #ericgarner, or #blacklivesmatter, or other related Twitter hashtags? Do you know that there are massive protests in New York shutting down freeways, bridges, subways and more? Also in Oakland, Dallas, Chicago, Minneapolis, Raleigh NC, and other places across the country?

    I know that's not SD news, but I think this isvery important for the future of the USA. Critical even.

  30. JeniW 2014.12.04

    Thank you Grudz for clarifying; it seems I misunderstood your intended message. Still not sure that i get it, but since you follow-upped that you were not attacking her, I will accept that.

    I think Ms. Wismer should be a candidate for any elected position that she thinks she can fulfill the responsibilities of.

  31. caheidelberger Post author | 2014.12.05

    Deb: Yup, it is. And yup, it's not a South Dakota story... yet.

  32. caheidelberger Post author | 2014.12.05

    Jerry, I caught that news about the record-low growth in health care spending. But consider: that trend started in 2009. One could argue that the recession caused the bend in that curve. Are there any studies or analyses showing that the ACA is responsible for keeping that curve shallow post-recession-lag?

    Even if we find such a connection, Jackley and the GOP will keep prosecuting the ACA, because they don't want it to work.They don't want people to realize it's a big step in the right direction. They are willing to take away better coverage and outcomes to score a political point.

  33. caheidelberger Post author | 2014.12.05

    Leslie, now there at least is a Constitutional argument. But the question of denying Indiana its proper legislative representation still doesn't answer the main question: does the President have the authority to take any action without Congress's explicit approval? Does the President have the authority to prioritize law enforcement in an area where Congress has denied him the resources to fully enforce the law?

  34. Nick Nemec 2014.12.05

    grudz, I'm going to pick up where JeniW left off. Why in the hell would you make a comment that Susan Wismer would cook you an omelette if she had a chance? That sort of statement is painfully misogynist. It sure sounds like you're slyly saying the female candidate should stick to typically female activities and let the men do the hard work like running the government.

  35. mike from iowa 2014.12.05

    Congress expressly denied Raygun funding for his pet killers in Nicaragua. Raygun,North, and Casey at CIA thumbed their noses at the rule of law,illegally sold weapons to our sworn terrorist enemies in Iran and funded the Contras. Remember Ollie North saying there was a higher law than the constitution.

  36. lesliengland 2014.12.05

    nick- agree, that's all cute grudz amounts to on this blog.

    the continuing similarity of SD to NJ fraud and official avoidance thereof:

    "...there is no conclusive evidence as to whether Governor Chris Christie was or was not aware of the lane closures either in advance of their implementation or contemporaneously as they were occurring," according to the [final legislative] report. "Nor is there conclusive evidence as to whether Governor Christie did or did not have involvement in implementing or directing the lane closures."

    The report says former Christie aides Bridget Kelly and David Wildstein acted with "perceived impunity" and with little regard for public safety. It says the Christie administration responded "very slowly and passively" to the lane closures."

    I would guess when its all totaled, SD spent $ One million investigating (trying to, anyway), litigating EB5 fraud and exonerating all involved SDGOP members, like Christie's private republican law firm was paid to exonerate his 2016 presidential race.

  37. Vickie 2014.12.05

    @Jaka Unfortunately,none of those things are options for me because I'm not a crook. I have a conscience. Oh well.

    @Cory Thank you. Yeah,I'm most likely going to be here for awhile. Continuing to vote against corruption and for the best candidates that have a chance to change things. I'm incredibly disgusted by what SD has become. All I can do is use my vote until I can't vote anymore.

  38. caheidelberger Post author | 2014.12.05

    Leslie, we must serve as the state's memory and conscience. Someday we will rouse our neighbors to elect officials who act in the true public interest.

    Vickie: I'll stick with you! Let's keep voting!

  39. leslie 2014.12.07

    ahhh-repub's 3rd leg of their stool of strategy for 2015! State AGs conspire with industry to eliminate federal regulation. NYT 12.06.14

  40. jerry 2014.12.07

    Cory, you are correct. Keep in mind that the ACA was signed into law in March of 2010. The insurance companies had already started to implement many of the provisions before that as they are very proactive in the bean counting department. You can take a look at what your premiums are to see how progression really works. The ACA and the systemic financial failure of 2008, did bring the costs down.

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