I'm actually rooting for California to win this case. Here's why. And remember IANAL, so this could all be way off base.philip964 wrote:https://apnews.com/3497917b75ed4cd18d65 ... tuary-laws
Sessions file lawsuit against CA.
California is asserting that they can not only refuse to enforce federal laws they disagree with, but that they can go one step further and actively subvert the enforcement efforts of the federal government by, among other things, refusing to share information on folks who have violated those federal laws they disagree with. I would love to see the state of Texas do the same thing with any new federal restrictions on guns.
At it's core, I think this is a question of state's rights. The SCOTUS has already ruled that enforcement of immigration laws is the purview of the federal government and not the states back when Arizona passed some state laws related to the enforcement of federal laws, so clearly it's not a question of whether the federal government has the authority to make or enforce the immigration laws that apply in California. California's only real argument is that they don't have to help the feds in any enforcement action. I can see their point on that front, and I sincerely wish that Texas would do the same thing with regard to federal laws that we disagree with.
This could include federal efforts to restrict the sale or possession of certain types of guns and gun accessories (bump stocks, etc). But it could also apply more broadly. If the federal government wants to enforce environmental laws, they can do it without any access whatsoever to property ownership records or other information that is obtained by the state, for example. Or maybe we could give them intentionally false property ownership records, and tip off businesses and property owners when federal agencies were planning to stop by to see if there were any environmental law violations...
I am hopeful that a California win in this case would establish a significant precedent for the cause of state's rights in general. File this under the heading of "unintended consequences" for all the California liberals who generally like an all powerful federal government that can order state's around. Unfortunately, I believe that we already have precedent for this back when Alabama decided they didn't much like the new federal desegregation laws in the 1960's and the then-President of the U.S. responded by federalizing the Alabama National Guard. I don't foresee a ruling here that reverses that course and starts to actually strengthen state's rights.