Texas Senator Cruz Opposes New Senate Bill’s Jurisdiction Clause, Predicts Loss for Texas in Legal Battles

Texas Republican Senator Ted Cruz has voiced strong objections against a clause in the newly proposed $118 billion bipartisan Senate bill on immigration and foreign aid. 

Centralized Court Authority

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This provision would limit legal challenges to the bill to the U.S. District Court for the District of Columbia, effectively centralizing legal authority.

Sole Jurisdiction

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The bill specifies that the U.S. District Court in D.C. will have “sole and original jurisdiction” over disputes, a move Cruz argues would diminish Texas’ ability to contest federal actions on a local level.

Legal Action Disadvantage

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In an interview with Newsweek, Cruz expressed concerns that this change would disadvantage Texas in legal battles against the Biden administration, 

Texas will Lose

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 “Instead, these cases would have to be heard in Washington, where Texas will almost certainly lose thanks to a superabundance of liberal judges. This, of course, is by design because the Biden Administration is tired of losing in Texas district courts and the Fifth Circuit,” Cruz stated.

Enforcement Authority

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The Emergency National Security Supplemental Bill, unveiled on Monday following discussions among a bipartisan group of Senators, defines the legal authority for its enforcement.

Jurisdiction Defined

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The provision states, “The United States District Court for the District of Columbia shall have sole and original jurisdiction to hear challenges, whether constitutional or otherwise, to the validity of this section or any written policy directive, written policy guideline, written procedure, or the implementation thereof.”

“This is Unacceptable”

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Governor Greg Abbott responded to the bill’s provision by posting an article along with the message, “This is unacceptable.”

Bill’s Funding 

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The bill proposes substantial investments in border control and international military aid, including support for Ukraine, Israel, and Taiwan. 

Removing Illegal Immigrants

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It would also enable the federal government to deport illegal immigrants with limited legal recourse if the daily average number of crossings exceeds 5,000 or if there are more than 8,500 crossings in a single day.

“Dead on Arrival”

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Despite these efforts, it faces opposition from House Republicans, with Speaker Mike Johnson declaring it “dead on arrival.”

Bill’s Prospects

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Senator Cruz voiced his opposition to the bill on Monday, stating that its prospects for passage were nil. He highlighted the Speaker of the House’s firm stance that the Senate bill would be immediately rejected upon arrival in the House. 

Divisive Strategy

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He questioned the reasoning behind advancing a bill that would only serve to divide Republicans while uniting Senate Democrats.

Call for McConnell’s Resignation

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On Tuesday, Cruz and other Republican senators called for Senate Minority Leader Mitch McConnell, who was part of the bipartisan team responsible for drafting the final bill, to resign.

Time to Stepdown

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When asked by a reporter if it’s time for McConnell to step down, Cruz replied, ‘I think it is.

No Response

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Cruz mentioned that McConnell remained silent when confronted with the question, “Is there anything we are willing to fight on?” during the closed-door border negotiation discussions that began in December.

Trump Era Measures

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The Texas senator asserted that the border legislation would only succeed as part of the national supplemental package if the Senate approved H.R.2, the immigration bill passed by the GOP-led House last year. This bill contains expulsions and security measures reminiscent of those from the Trump era. 

Nonstarter Bill

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However, Democratic Senate Majority Leader Chuck Schumer has already declared this bill a “nonstarter” in the Senate.

Republican Reversal

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Schumer accused the Senate Republican leadership of reversing their stance on legislation they had previously helped to draft.

Fear of Trump

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He said, “Leader McConnell and the Republican Conference did a 180-degree reversal. They’re quaking at the knees in fear of Donald Trump.”

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