Breitbart: A county judge in Florida has ruled unconstitutional on Tenth Amendment grounds another of Pres.Trump’s executive orders on immigration.
Judge Milton Hirsch ordered Lacroix granted the writ of habeas corpus and ordered Lacroix released, holding that EO 13768 unconstitutionally coerces Miami-Dade County in violation of the Tenth Amendment. Hirsch construed the Supreme Court’s 2011 case Bond v. United States as empowering Lacroix to raise the claim that EO 13768 exceeds congressional authority under the Constitution’s Spending Clause, and therefore violates the Tenth Amendment.
The Supreme Court has previously only allowed states to make a coercion challenge against Congress. While this claim could possibly be raised by a county or city as part of the state, nothing in Supreme Court precedent suggests that individual persons can raise the claim. Moreover, all such Tenth Amendment claims have only been raised against the federal government, never in a case against state or local officials, as is happening here.
Next let’s see if the Judge can rule Income Tax an “unconstitutional coercion”