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September 5, 2017 > County calls Executive Order unconstitutional

County calls Executive Order unconstitutional

Submitted By Laurel Anderson

On August 30, the County of Santa Clara asked a federal court to declare unconstitutional and permanently enjoin enforcement of an Executive Order provision that would de-fund Òsanctuary jurisdictions.Ó

The CountyÕs summary judgment motion, filed by the Office of the County Counsel along with pro bono co-counsel Keker, Van Nest & Peters LLP, followed the CountyÕs successful move to secure a court order temporarily halting this de-funding effortÑa historic victory that prohibited the Trump Administration from engaging in its blatantly unlawful effort to withhold federal funds from Òsanctuary jurisdictions.Ó

ÒThe County of Santa Clara has a state-mandated duty to protect the health and safety of all its residents and to set policies that best serve those interests,Ó said Dave Cortese, President of the Santa Clara County Board of Supervisors. ÒThe Trump Administration has sought to use this Executive Order to bully local governments into abandoning that duty, in clear violation of the U.S. Constitution.Ó

Ò[We have asked] the Court to make its preliminary injunction permanent,Ó said Santa Clara County Counsel James R. Williams. ÒOnly an enforceable judicial order permanently striking down the de-funding provision of the Executive Order can end this coercive and unconstitutional power grab.Ó

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