Page 21 - Declaratory Judgment News Today

Unconstitutional it binds everybody and you move forward an soming the -- assuming the law does not exist. >> im speaking only for alaska. the other governors have the same decision to make that i have made. that is, we have taken some federal money as deadlines have accrued, while the law was still in dispute. now that the law is no longer -- can longer be followed, this judge effectively said his declaratory judgment is the functional equivalent of an injunction. i dont think theres a question...

Unconstitutional it binds everybody and you move forward an soming the -- assuming the law does not exist. >> im speaking only for alaska. the other governors have the same decision to make that i have made. that is, we have taken some federal money as deadlines have accrued, while the law was still in dispute. now that the law is no longer -- can longer be followed, this judge effectively said his declaratory judgment is the functional equivalent of an injunction. i dont think theres a question...

Say, judge vincent did when you have a declaratory judgment and declare a law unconstitutional, he expects the federal government is going to abide by the ruling. of course, while things are on appeal, normally theres no halt unless theres an injunction. i would assume that things will continue for a while. the laws that are already in effect will be in effect, if you will, but its going to be just as though congress repeals or decides to repeal something if ultimately this was ruled unconstitut...

The legal system and see how things shake out elsewhere, right? >> yeah. i guess, you know, like i said, you know, ive been told its just common -- its common procedure here so -- but there are a lot of people that were upset when they delayed it. like i said, weve been fighting the city government from day one when bob warner initiated this. they voted it down in july of 2008. once we got our 4100 signatures, they took it to district court where they wanted to get what is called a declaratory j...

It should be enforced and if the obama administration or for that matter the bush administration wanted to change immigration policy, then, pass the law, but enforce the law as it exists. >> gregg: the judge will have to make a decision within the next four days, in arizona, you have a prediction, either in a would have -- either one our. >> it is a motion for declaratory judgment and i dont think they have good grounds to do that. shell say, lets see what happens with the law -- >> think of the...

It doesnt sort of escape me that the people who filed are republicans with the sole exception of the attorney general in louisiana. is he the only democrat who has joined this? >> as far as i know. of course there is probably some political overtones. also philosophical. we have a group of people who view the federal government should have a limited role thats what the courts are for to hash out the differences so lets get it on. >> greta: do you expect the attorneys general in florida who have ...

In light of that, how fast do you think this is going to proceed? give me an idea of the track on this. >> the attorney general filed it yesterday. it is in what is called a declaratory judgment action many we are just asking the court to rule on the merits of the petition based on our virginia statute that we just enacted saying no mandates are permissible in virginia. and in the federal law that says you must have a mandate under penalty of law. they can rule on the nature of the legal brief a...

Has had to practice in your court system because it guess so fast. how fast do you think is going to proceed? give me an idea of the track on this. >> the attorney general filed it yet. it is in the nature of a declaratory judgment action we are asking the court to rule on the merits of the petition based on our virginia statute that we just enacted saying no mandates in virginia. in the federal law that says yes you must have a mandate unpenalty of law they can rule just on the nature of the le...

Has had to practice in your court system because it guess so fast. how fast do you think is going to proceed? give me an idea of the track on this. >> the attorney general filed it yet. it is in the nature of a declaratory judgment action we are asking the court to rule on the merits of the petition based on our virginia statute that we just enacted saying no mandates in virginia. in the federal law that says yes you must have a mandate unpenalty of law they can rule just on the nature of the le...

This is a brilliant and clear article. you say he take two very bold actions to turn it all around. tell us the first one. >> julie: >> so the first one goes to his own legal team and strategy, which needs to reorient itself. by all accounts, mr. mueller is not looking at collusion anymore. its about obstruction of justice. in the reports are to be believed. that requires a legal team that begins to make the argument that that is a nonstarter on constitutional grounds. you cannot construe a pres...