Garfield County, Utah, et al. v. Joseph R. Biden, Jr., et al. Corrected Amici Curiae Brief of U.S. Senators Ted Cruz and Mike Lee in Support of Plaintiffs-Appellants

Abstract

The Framers of the Constitution, reacting to centuries of regal excesses that had plundered England’s national resources, gave Congress the power to issue needful rules and regulations to govern federally owned lands, and Congress in turn authorized the President to designate national monuments within narrowly prescribed limits. The President now asserts unlimited discretion to designate every inch of federal property as a monument and then also escape judicial review altogether.

The Court should reject the federal government’s arguments and reverse the decision below. There is a long tradition of federal courts exercising jurisdiction to review claims seeking prospective relief against ongoing violations of federal law. And the federal government’s atextual interpretation of the Antiquities Act raises serious concerns about the separation of powers and federalism. The Court can avoid those concerns, however, by adopting Plaintiffs’ text-based and logical interpretation of the President’s powers under the Act.

Keywords: Separation of Powers, Judicial Review, Delegation, Constitutional Law, Administrative Law, Federalism

JEL Classification: K1, K2, K20, K23, K32, H11, H82