(Editor’s Note: The EPA situation in Texas could be the one issue for which the Texas Governor, Attorney General and Legislature might throw down against Washington. But I must say that if they actually draw a line in the sand against DC, I’ll be surprised. States have a long history of subjugation to Washington and won’t give it up easily. Besides, even if Texas were to win the EPA fight, Washington would still rule them on all other issues. Washington could easily afford to feign resistance and then capitulate on the EPA issues. But it would be a gamble on their part to allow Texas a victory. Hopefully it would not be a Pyrrhic victory.)
Governor Rick Perry and Attorney General Greg Abbott went into the wrong court fighting the Environmental Protection Agency. The Attorney General should have gone into the State Supreme Court to make the case the EPA has no jurisdiction in the State of Texas and second to see what legal actions can be taken against the Federal Government when its violates State law.That means arresting of Federal agents who have no lawful authority over our industry and natural resources.
For the State of Texas to go into Federal Court fighting the EPA in a defensive posture is like asking the wolves to keep the foxes out of the hen house. Texas can erect its own barriers against Federal Encroachments without pleading in the Federal Courts. We do not need the Federal Courts at all to achieve this. Texas already has the legal authority without needing a Federal Black Robed Demon’s permission to do something we already have the legal right to do anyway.
It think it is time for the EPA come into the Texas Supreme Court and justify constitutional legality of its actions to take over state matters. The State Supreme Court can give the clarification for state constitutional officers like the County Sheriff the power to arrest and detain the Federal Agents who violate state law and people’s rights. It is time Texas make the rules for the Feds and making them to play by our rules inside the State boundaries. If Texas sticks to its guns and follows through on its decision. The Feds will back off and we can take steps towards independence so we do not have to waste our time with this nonsense again. Texas does not need to go into Federal Court to erect barriers against the EPA. Only the thing we need is moral fortitude of our leaders to enforce the law of the land and guts to be defiant against a lawless usurper in the White House. If Texas stands up. Many other states will follow.