The judge granted standing to the Chamber of Commerce to sue even though it had not been hurt one iota by the law that had not yet taken effect. The judge, in effect, legislated from the bench by blocking the statute from taking effect, so all its benefits might never be known.
The judge accepted the chamber's argument that Congress has pre-empted state laws by federal statutes about immigration. But we all know the federal government is incapable or unwilling to carry out the necessary enforcement of existing laws that the American people deserve to have enforced.
There is even a federal law called the Tax Injunction Act that prohibits federal courts from interfering with state taxation. The court sidestepped that law, declaring that the federal court could interfere because the Oklahoma statute is more like a regulation than a tax.
Across the country, 43 states have passed more than 182 immigration-related laws. Several leading decisions, such as the federal decision reviewing the ordinance passed in Valley Park, Mo., have upheld the laws against challenges.
Taxes and jobs are not the only reasons why states need to protect their citizens against illegal immigrants. Terrill says, "Our Bureau of Narcotics here in Oklahoma estimates that something in excess of 40 percent of the drug trafficking through Oklahoma is directly attributable to our illegal alien problem."
Courts should not interfere with legislative remedies to protect U.S. citizens from losing jobs to illegal immigrants who might not even be paying taxes on their wages. And we certainly should not tolerate drug trafficking coming in from Mexico.
Overturning the massive votes in the Oklahoma legislature and the will of the people makes this decision one more example of how courts are trying to make themselves an elite branch of government whose every pronouncement is accepted as "the law of the land." It's time for Americans to rise up and reject the rule of judges and return to rule by our elected representatives.
Congress can and should withdraw jurisdiction from federal courts to interfere with prudent attempts by states to protect their governments and lawful residents. Congress could simply amend the Tax Injunction Act to clarify that federal courts lack authority to entertain any challenge to a state law that involves the collection of taxes from illegal immigrants.
Phyllis Schlafly is a national leader of the pro-family movement, a nationally syndicated columnist and author of Feminist Fantasies.
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