Thread: Judicial Watch: MDPetition.com Asks Court to Dismiss Lawsuit Seeking to Deny Voters

Tom Perez, the head of the CIVIL RIGHTS Division of the DOJ is a past president of CASA de Maryland. He continues to enact the agenda of CASA de Maryland through his office in the Federal Government - he should be removed JMO.


Judicial Watch: MDPetition.com Asks Court to Dismiss Lawsuit Seeking to Deny Voters Opportunity to Vote on Maryland DREAM Act in 2012
01/05/2012

WASHINGTON, DC — Judicial Watch, the public interest group that investigates and prosecutes government corruption, today announced that its client, MDPetitions.com, has asked a Maryland Circuit Court to dismiss a lawsuit that would deny Maryland voters an opportunity to consider "tuition benefits" for illegal alien students in the 2012 elections (John Doe, et al., v. Maryland State Board of Elections, (No. 02-C-11-163050)). According to MDPetition.com's legal brief, the illegal alien activist group Casa de Maryland and the other plaintiffs that filed the lawsuit are wrong as a matter of law and have not provided sufficient evidence to demonstrate that they are entitled to relief from the court:

Although Plaintiffs move for summary judgment, conspicuously absent from their motion are any affidavits or other admissible evidence demonstrating that they are 'aggrieved' persons or registered Maryland voters or otherwise entitled to relief. Plaintiffs' motion must fail for this reason alone. In addition, Plaintiffs' motion must fail because Plaintiffs are wrong as a matter of law about whether SB 167 is subject to referendum. It clearly is.

Moreover, not only must Plaintiffs' motion fail, but the Amended complaint must be dismissed and/or summary judgment be entered against Plaintiffs because they have failed to allege sufficient facts to state a claim upon which relief may be granted and are not entitled to judgment as a matter of law.
SB 167, also known as the Maryland DREAM Act, was enacted by the Maryland General Assembly and signed by Governor Martin O'Malley on May 10, 2011. The law enables certain illegal aliens to pay reduced tuition rates at Maryland community colleges and public higher education institutions. MDPetitions.com collected 132,071 signatures, nearly twice the amount required by law, in support of a petition to put the SB 167 to voters in a referendum.

Two illegal aliens, several Maryland voters, and the activist group Casa de Maryland challenged the petition drive in court. On October 7, 2011, MDPetitions.com was granted permission to intervene in the lawsuit, which seeks to deny voters an up-or-down vote on SB 167.

On December 5, 2011, Casa de Maryland and the other plaintiffs signed a Joint Stipulation stating they would no longer challenge the "sufficiency and number of the petition signatures" collected by MDPetitions.com. However, the plaintiffs have continued to maintain that the SB 167 cannot legally be subject to referendum.

MDPetitions.com argues in its court filing, that Maryland voters who signed the petition are exercising their rights under Article XVI, Section 2 of the Maryland Constitution, which unambiguously states: "The people reserve to themselves power known as The Referendum, by petition to have submitted to the registered voters of the State, to approve or reject at the polls, any Act, or part of any Act of the General Assembly, if approved by the Governor, or, if passed by the General Assembly over the veto of the Governor."

The only limitation on this constitutional right is where the law in question "(1) makes an appropriation of public funds, and (2) is for the purpose of 'maintaining the State Government' or 'maintaining or aiding any public institution.'" The Court of Appeals has held that an act by the Maryland Assembly is an "appropriation" if its "primary object is to authorize from the state treasury of a certain sum of money for a specified public object or purpose to which sum is to be applied."

However, as Judicial Watch argues on behalf of MDPetitions.com, SB 167 is "completely devoid" of such an expenditure of funds. The law is "nothing more than a policy choice by the General Assembly that extends eligibility for reduced, in-state and in-county tuition to a new group of persons... This new policy choice does not authorize the expenditure of any public monies at all, much less a particular amount of public money, for a specific purpose."

MDPetitions.com is represented by Judicial Watch. The chairman of MDPetitions.com is Maryland Assembly Delegate Neil Parrott of Washington County; Delegate Patrick McDonough of Baltimore and Harford Counties is its honorary chairman.

"This lawsuit should be dismissed in its entirety. The plaintiffs are desperate to prevent Maryland voters from having a say on taxpayer-subsidized tuition for illegal aliens, but they have now run out of legal arguments. MDPetitions.com abided by the letter of the law and ran a highly successful petition campaign. It's now time to leave the issue of discounted tuition for illegal aliens to the voters," stated Judicial Watch President Tom Fitton. "Indeed, Casa de Maryland has seemed to acknowledge that its lawsuit will fail and that voters will have the final word, as it recently announced plans to launch a $10 million fundraising campaign to convince voters that they shouldn't overturn the illegal alien tuition policy on Election Day."

Neil Parrott stated, "The voters of Maryland have spoken loudly and clearly that they want to be able to vote to decide whether to give their hard-earned money to subsidize college educations for illegal aliens. This lawsuit from illegal aliens and Casa de Maryland, attempting to deny Marylander's their constitutional right to referendum, should be dismissed so that the voters, not the courts, can decide."

"I have said from the beginning that this legal action by Casa de Maryland is bizarre," said Delegate McDonough. "The idea of illegal aliens suing Maryland citizens to prevent them from voting illustrates how much they disrespect citizenship.

"The Maryland DREAM Act, SB 167, is an anti-American bill that takes college educations away from our own citizens and violates federal law. Over 132,000 Marylanders signed this most historic petition to take the SB 167 to referendum, and the voters should decide Maryland's future.

"In-state college tuition rates are a finite resource and are designed for citizens, not those whose mere presence represents the violation of the rule of law."
Visit www.judicialwatch.org for more information.
http://www.msnbc.msn.com/id/45887135

Delegate Pat McDonough Issues Press Release On Campaign To Defeat In-State Tuition Bill For ILLEGALS

DELEGATE PAT McDONOUGH KICKS-OFF OFFICIAL CAMPAIGN TO DEFEAT THE "DREAM ACT"

Delegate Pat McDonough has officially formed a campaign committee that will lead the effort to defeat Senate Bill 167, known as the "Dream Act." The referendum issue was placed on the ballot based on a successful petition drive that collected more than 130,000 signatures in a few months.

Although the petition is currently being challenged in the courts, Delegate McDonough maintains that the litigation is frivolous and will be defeated.

The campaign will be a non-partisan state-wide effort. Democrats, Republicans, and Independents will be asked to participate. A fund-raising program is already under way.

Supporters of the "Dream Act," such as Casa de Maryland, the SEIU union, and other advocates for illegal aliens have already begun organizing and raising funds. Delegate McDonough stated, "The citizens of Maryland, in a bi-partisan fashion, have already indicated their strong opposition to the idea that taxpayers should provide benefits to fund college tuition discounts for illegal aliens. The historic success of the petition drive demonstrated the passion and outrage by the citizens of Maryland regarding their hard-earned money being used to underwrite breaking the law. They also are angry about the unfairness of their young people losing access to a college education by being displaced by illegal aliens. There will be large amounts of money poured into Maryland from out-of-state sources attempting to mislead the people and promote the 'Dream Act.' The people's petition defeated the politicians in Annapolis and now the people must rise again and defeat the lies," concluded Delegate McDonough.

Questions or comments can be submitted to Delegate McDonough by calling 410-238-0025 or via email to PatMcDee@comcast.net


http://www.wcbm.com/includes/news_it...&section_id=30

Originally Posted by Newmexican

"I have said from the beginning that this legal action by Casa de Maryland is bizarre," said Delegate McDonough. "The idea of illegal aliens suing Maryland citizens to prevent them from voting illustrates how much they disrespect citizenship.

THIS is exactly what a lot of people don't understand.....so glad it was summed up here. For those of you not familiar with this lawsuit in Maryland, this statement sums it all up....two illegal aliens are suing the state of Maryland in hopes to prevent us legal citizens from voting on the Dream Act.

As a citizen of Maryland, and as someone who signed the petition against the MD Dream Act, it REPULSES me to know two illegal aliens are suing us.

Can someone please please please explain to me how it is even fathomable for two people, illegally in this country, can sue to prevent ME from voting??????

I am so disgusted by all of this.......

Originally Posted by HippieChick

Can someone please please please explain to me how it is even fathomable for two people, illegally in this country, can sue to prevent ME from voting??????

I am so disgusted by all of this...

Elijah Cummings and Stiemy Hoyer! This is no surprise! Push back Maryland! Contact your United States Representatives:

Maryland:

Harris, Andy 202-225-5311
212 W MAIN ST. SALISBURY, MD 21801-5006
https://harris.house.gov/contact-me/email-me
http://www.facebook.com/harrisforcongress
http://twitter.com/Harris4Congress

Ruppersberger, Dutch 202-225-3061
375 W PADONIA RD. TIMONIUM, MD. 21093-2100
http://dutch.house.gov/email-dutch.shtml
http://www.facebook.com/pages/Dutch-...04073632963666
http://twitter.com/Call_Me_Dutch

Sarbanes, John P. 202-225-4016
600 BALTIMORE AVE. TOWSON MD 21204-4034
http://sarbanes.house.gov/federal.asp
http://www.facebook.com/JSarbanes?sk=wall
http://twitter.com/JohnSarbanes

Edwards, Donna F. 202-225-8699
8730 GEORGIA AVE. SILVER SPRING MD 20910-3604
http://donnaedwards.house.gov/index....ctiontree=4,52
http://www.facebook.com/pages/Congre...s/107297211756
http://twitter.com/repdonnaedwards

Hoyer, Steny H. 202-225-4131
401 POST OFFICE RD. WALDORF MD 20602-2738
http://hoyer.house.gov/index.php?opt...2424&Itemid=75
http://www.facebook.com/WhipHoyer
http://twitter.com/WhipHoyer

Bartlett, Roscoe 202-225-2721
1 FREDERICK ST. CUMBERLAND MD 21502-2394
https://bartlettforms.house.gov/Emai...e/default.aspx
http://www.facebook.com/pages/Roscoe...78050492239341
http://twitter.com/reproscoebartlett

Cummings, Elijah 202-225-4741
1010 PARK AVE. BALTIMORE MD 21201-5638
https://cummingsforms.house.gov/cont...age-form.shtml
http://www.facebook.com/elijahcummings?sk=wall
http://twitter.com/elijahcummings1

Van Hollen, Chris 202-225-5341
51 MONROE ST. ROCKVILLE MD 20850-2421
http://vanhollen.house.gov/Contact/
http://www.facebook.com/CongressmanChrisVanHollen
http://twitter.com/chrisvanhollen

Originally Posted by stevetheroofer

Elijah Cummings and Stiemy Hoyer! This is no surprise! Push back Maryland! Contact your United States Representatives:

Thanks for the info on the Reps.....but trust me, if I had a nickel for everytime I wrote to one of these clowns, I really, really would have enough money to pay off my mortgage!! I get the same bullcrap form letters back, or messages that say "you are not in my district", and they refuse to respond. Maryland is going downhill fast. Casa de Maryland fights tooth and nail for illegals, we have two districts that now have been "redrawn to help with the Democratic vote", we have a proposed new "Hispanic single-member district", and the voice of legal Maryland citizens is constantly ignored by our illegal alien-pandering Governor. We need help in Maryland!!!!