Judge Tosses HB 1804 Lawsuit
U.S. District Judge James Payne in federal court in Tulsa has dismissed a lawsuit brought by Hispanic groups seeking to block implementation of House Bill 1804, set to go into effect on November 1st.
Judge Payne in his ruling stated that he found that none of the plaintiffs in the case had been injured by the law, so they do not have standing to file the suit.
Judge Payne said, “A proper constitutional vetting of any law cannot be achieved without the existence of a plaintiff that has actually been injured by the challenged law. While a constitutional vetting of HB 1804 would serve the interest of all parties to this litigation, the interest of the public would be be served by a sharpening of the issues presented prior to such a vetting. Such a sharpening can only be achieved through a suit brought by plaintiffs with well-defined injuries causally connected to HB 1804.”
Basically the judge appears to be saying to the plaintiffs, “Come back when you have a case. Until the law whose constitutionality you are challenging goes into effect, do waste my time.”.
You can rest assured that the enablers of illegal immigration will be back shortly after November 1st but in the mean time we can celebrate victory in the first of many battles certain to be fought against illegal immigration and in support of HB 1804.
