That’s one way of standing up for states’ rights:
The House voted early Wednesday morning to stop the Obama administration’s lawsuits against state immigration laws.
The amendment, which strips funding so that the Justice Department cannot pursue the lawsuits, passed 238-173. Twelve Democrats voted for it, while six Republicans voted against it.
The amendment specifically applies to laws in Arizona, Oklahoma, Missouri, Utah, Alabama, Georgia, South Carolina and Indiana. The Obama administration and immigrant-rights groups have sued to block laws in each of those states.
Republicans on the House Oversight Committee were to take the first formal step Thursday toward contempt proceedings against Attorney General Eric Holder over the Fast and Furious “gunwalking” operation, CBS News has learned.
The case for a citation declaring Holder in contempt will be laid out in a briefing paper and 48-page draft citation distributed to Democrats and Republicans on the committee. CBS News has obtained copies of both documents. In them, Republican members use strong language to accuse Holder of obstructing the committee’s investigation, which is now in its second year.
The documents allege that the Justice Department has issued, “false denials, given answers intended to misdirect investigators, sought to intimidate witnesses, unlawfully withheld subpoenaed documents, and waited to be confronted with indisputable evidence before acknowledging uncomfortable facts.”
They’re seriously considering bringing out the big guns (no pun intended):
House Republicans investigating the Fast and Furious scandal plan to pursue a contempt citation against Attorney General Eric Holder, senior congressional aides told CBS News.
The resolution will accuse Holder and his Justice Department of obstructing the congressional probe into the allegations that the government let thousands of weapons fall into the hands of Mexican drug cartels.
The citation would attempt to force Holder to turn over tens of thousands of pages documents related to the probe, which has entered its second year.
If you’re a fan of e-books, like me (and I have been for over a decade), this is welcome news:
Technology giant Apple and major book publishers are being sued by the US Department of Justice over the pricing of e-books.
The US accuses Apple and Hachette, HarperCollins, Macmillan, Simon and Schuster and Penguin of colluding over the prices of e-books they sell.
This lawsuit is over the firms’ move to the agency model where publishers rather than sellers set prices.
You probably recall (unless you’ve been living under a rock for the last week) that the 5th Circuit Court of Appeals demanded that the Department of Justice explain to them exactly what the Obama Administration’s view of judicial review of laws was. Yesterday Eric Holder made a verbal statement about it, but now the letter has been released.
Here’s the money paragraph (misspelling of “Marbury” left intact):
The power of the courts to review the constitutionality of legislation is beyond dispute. See generally, e.g. , Free Enterprise Fund v. Public Co. Accounting Oversight Bd. , 130 S . Ct. 3 138 (20 10) ; FCC v. Beach Communications, Inc., 508 U .S. 307 (1993) . The Supreme Court resolved this question in Marbwy v. Madison, 1 Cranch 137, 177-78 ( 1803) . In that case, the Court held that ” [i]t is emphatically the province and duty of the judicial department to say what the law is.” Marbury, 1 Cranch at 177
Attorney General Eric Holder acknowledged Wednesday that the “courts have final say,” and said his department would respond formally to an appeals court order to explain whether the Obama administration believes judges in fact have the power to overturn federal laws.
In the escalating battle between the administration and the judiciary, a federal appeals court apparently is calling the president’s bluff — ordering the Justice Department to answer by Thursday whether the Obama Administration believes that the courts have the right to strike down a federal law, according to a lawyer who was in the courtroom.