By Daniel Stefanski |
Arizona’s Republican legislative leaders are wading into another fight with the President of the United States over a recent federal land grab.
On Monday, Arizona Senate President Warren Petersen and House Speaker Ben Toma announced that they “filed an amicus curiae in the case of Garfield County v. Biden.” The case, led by Utah Attorney General Sean Reyes, involves President Joe Biden’s “unilateral move in 2021 of declaring more than 3 million acres of land in the southern part of the state now representing two ‘national monuments.’” Arizona’s leaders are supporting the State of Utah’s position that the president’s action here violates the Antiquities Act. After a District Court Judge sided with the White House, Utah appealed the decision, leading to additional briefing.
“It is time for the courts to weigh in and stop this federal corruption. Joe Biden’s unlawful maneuvers in both Utah and Arizona promise to wreak havoc on our local economies, the livelihoods of our citizens, and our national security. His end goal is to pander to radical environmentalists by ending mining, ranching and other local uses of federal lands. This has nothing to do with protecting actual artifacts,” said Senate President Petersen. “This federal overreach is unconstitutional, unacceptable, and sets a dangerous precedent. In the absence of Arizona’s Attorney General fighting back against Biden’s dictator-style land grabs, the Arizona Legislature is stepping up to protect our communities. We ultimately anticipate this issue will make its way to the U.S. Supreme Court where the president’s abuse of power will be reined in.”
In their brief, Petersen and Toma argue that “the President does not have discretion to declare anything an ‘object’ under the Antiquities Act” because the law “is a type of conditional legislation that limits the President to ascertaining whether something is objectively an object of historic or scientific interest” and “Constitutional concerns underscore the need to limit the President’s discretion under the Act.” The legislators also assert that “Courts are not powerless to stop the President’s clear abuses of power.”
The lawmakers make the case that “the power that the President claims here is an expansive and aggressive assertion of executive authority. If his reading of the Antiquities Act is right, the only thing preventing the President from declaring all federal land a national monument is his self-restraint; after all, all federal lands have landscapes that, according to President Biden, are an ‘object of historic or scientific interest…’ Such a power, with its attendant consequences for the use of the land, is plainly one ‘of vast economic and political significance.’”
The case is currently before the United States Court of Appeals for the Tenth Circuit.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
