Monday morning. 9:30 am. Washington, D.C.

Sheriff Joe Arpaio and his attorney Larry Klayman will face off in a Preliminary Injunction hearing in D.C.’s U.S. District Court.

Arpaio filed suit on December 6th, citing that President Obama’s plan to grant Amnesty to 4.7 million illegal immigrants as a violation of the Constitution.

Upon filing the complaint, Klayman stated, “Obama’s form of amnesty violates the U.S. Constitution, plain and simple. The President does not have the authority to rewrite immigration laws as legislation and national policy are enacted by Congress, not by the President.”

On Friday, Klayman told the media, “President Obama cannot end run Congress based on his own “emperor-like” actions. By his own admission 22 times in the past, Obama lacks the power to take this unconstitutional executive action. To allow this to stand would amount to trashing our constitutional republic and set a bad precedent for future presidents. I am hopeful that the Court will grant us the preliminary injunction, in order that the status quo of our current law can remain in effect, and allow the next Congress the right to enact any new legislation that can help solve our border and illegal immigration problems.”

Klayman and Arpaio have been successful in forcing the hearing to take place despite having odds set against them with the assigned judge, the Honorable Beryl A. Howell.

Howell is an Obama appointee. The president nominated her in 2010 with the unanimous consent of the Senate.

Obama has nominated 307 federal judges during his presidency. They represent 9% of all federal judges.

Klayman and Arpaio had a 9% chance of having a key lawsuit against the president placed in front of one of his appointees.

Nearly a year earlier, Klayman was granted a preliminary injunction against the National Security Agency, enjoining them from collecting phone and metadata on American citizens.

In the NSA case, the judge, the Honorable Richard J. Leon, was nominated by George W. Bush one day before the September 11th attacks.

Expect Klayman to take to the courthouse steps following Monday’s hearing to discuss reaction to the case.

Morgan Mayhew
Morgan is a freelance writer for a variety of publications covering popular culture, societal behavior and the political influences of each.