Thread: Another Win for Oklahoma!!!!

Federal judge dismisses lawsuit challenging HB 1804

By World Staff
12/13/2007 2:07 PM
Last Modified: 12/13/2007 3:28 PM

"U.S. District Judge James Payne on Wednesday dismissed a lawsuit challenging a new state law dealing with illegal immigration.

The National Coalition of Latino Clergy had filed a federal lawsuit against Gov. Brad Henry and Oklahoma Attorney General Drew Edmondson, seeking to overturn House Bill 1804, which became law on Nov. 1.

The suit alleges that the law is unconstitutional and violates rights to due process for undocumented immigrants, who are listed as "John Doe" or "Jane Doe" in the list of plaintiffs.

Payne initially dismissed the suit in October because the plaintiffs could not show that the law had damaged them before it took effect.

This time the judge granted the state's motion to dismiss because the plaintiffs named in the lawsuit didn't have standing to challenge the law.

The court is again confronted with plaintiffs bringing a broad array of constitutional and statutory challenges to a similarly broad array of state statutes," Payne stated in the conclusion of an order filed Thursday. "Again, some plaintiffs ignore the need to describe the injuries actually caused by the challenged statutes, while the illegal alien plaintiffs complain of grievances that could best be remedied by simply compliance with federal law. Both categories of plaintiffs must be dismissed for lack of standing, either on constitutional or prudential grounds."


http://www.tulsaworld.com/news/article. ... USDis24770

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