Texas Attorney General Ken Paxton told Newsmax TV federal judges have no standing when it comes to weighing in on an executive order such as DACA, a program the Trump administration is trying to rescind.
Paxton spoke with "Newsmax Now" host John Bachman on Thursday and was asked about a lawsuit filed by Texas and six other states against the federal government regarding the Deferred Action for Childhood Arrivals program, a 2012 executive order they say was unconstitutional.
"This was an executive order by President Obama – if you can issue an executive order, I would think, by definition, you can rescind an executive order," Paxton said. "It's happened probably thousands of times in our history.
"For a federal judge, or more than one federal judge, to step in and say, 'hey, we're taking over this little executive order thing, we're gonna say you can't rescind,' to me it seems ludicrous and certainly outside of the powers granted on these judges by the Constitution."
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Texas, Alabama, Arkansas, Louisiana, Nebraska, South Carolina, and West Virginia filed a lawsuit this week that challenges the constitutional legality of DACA. The program allowed people who illegally came to the U.S. as children with their parents to stay here if they meet certain criteria.
Attorney General Jeff Seasons announced last fall DACA would end in March, but the order is held up in the court system and is still in place.
Paxton said he would not be surprised if one of the legal challenges against DACA winds up at the Supreme Court for a ruling.
"I would not be surprised if ultimately the Supreme Court weighs in, given that you might have different results in different circuits," he said.
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