Muslim civil rights group responds to Paxton’s claim that the proclamation does not apply to CAIR-Texas and that the order raises a political question courts cannot resolve.
The Texas chapter and national headquarters of the Council on American-Islamic Relations (CAIR), the nation’s largest Muslim civil rights and advocacy organization, today said Texas Attorney General Ken Paxton’s response to CAIR’s lawsuit challenging Governor Abbott’s Nov. 18th proclamation targeting CAIR is further evidence that the proclamation is unconstitutional.
Instead of defending the merits of Governor Abbott’s Nov. 18th proclamation, which unilaterally declared CAIR a “foreign terrorist organization” without any due process, Attorney General Paxton is now arguing that the proclamation does not apply to CAIR’s Texas chapters and that they therefore cannot sue to block its enforcement, that the Attorney General is immune from being sued because he has not yet taken any action against CAIR, and that the court should not rule on the order’s constitutionality at all because, he claims, it raises a “political question” that courts cannot resolve.
In a joint statement, CAIR-Texas said:
“Although Texas Attorney General Ken Paxton’s is now claiming that Governor Abbott’s unconstitutional order does not apply to CAIR-Texas, the sweeping order makes no such distinction and this backtracking will not restore our ability to fully, freely and fearlessly serve the people of Texas so as long as the executive order remains in place. We look forward to seeing Governor Abbott and Attorney General Paxton in court and defeating this unconstitutional attack on the rights of all Texans.”
In a statement, Washington, DC-based CAIR said:
“Attorney General Paxton’s response to CAIR’s lawsuit is another clear sign that the proclamation issued by Governor Abbott is unconstitutional. By trying to argue that the proclamation does not apply to CAIR-Texas and by arguing that the order raises a political question courts cannot resolve, Mr. Paxton has signaled the weakness of this proclamation. We look forward to arguing that the judiciary has the power to decide whether the governor of a state can unilaterally label any American organization he dislikes a ‘terrorist group’ and impose sweeping punishments on that group without any process.”
In a joint statement, CAIR Legal Defense Fund and the Muslim Legal Fund of America, which represent CAIR-Texas, said:
“Attorney General Paxton now argues that Governor Abbott’s proclamation was directed at CAIR as a national civil rights organization. But the proclamation names CAIR without any such distinction and has immediate, foreseeable effects on CAIR’s Texas chapters and the Texans they serve—by stigmatizing the organization, deterring association, and inviting exclusion.
“A state official may not publicly brand a domestic civil rights organization a “terrorist” entity without any process and then disclaim responsibility for the foreseeable harm that follows—particularly where the designation is used to stigmatize, deter association, and justify exclusion.
“Courts routinely review executive actions that impose sweeping legal and reputational consequences while attempting to avoid accountability through technical distinctions. CAIR looks forward to seeing Mr. Abbott in court and arguing that our judicial system has the authority to review this proclamation on the merits.”
BACKGROUNDER:
Last month, the Muslim Legal Fund of America (MLFA), the CAIR Legal Defense Fund (CAIR LDF) and Akeel & Valentine, PLC announced the filing a federal lawsuit against Texas Governor Greg Abbott and Attorney General Ken Paxton to block enforcement of Abbott’s similar “unconstitutional and defamatory” Nov. 18th proclamation, which decreed CAIR a “foreign terrorist organization” and threatened various civil penalties against the civil rights organization if it continues to serve the people of Texas.
CAIR Op-Ed: Abbott’s attacks on Muslims draw on an old religious bigotry playbook
CAIR’s mission is to protect civil rights, enhance understanding of Islam, promote justice, and empower American Muslims.
La misión de CAIR es proteger las libertades civiles, mejorar la comprensión del Islam, promover la justicia, y empoderar a los musulmanes en los Estados Unidos.
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CONTACT: CAIR-DFW Executive Director Mustafaa Carroll, (832) 549-1042, mcarroll@cair.com; CAIR-Texas Austin Chapter Civic Engagement Organizer Sameeha Rizvi, 512-893-1371, srizvi@cair.com; Imran Ghani, Executive Director, CAIR-Houston, ighani@cair.com, 713-922-5270; John T. Floyd, CAIR National Board Member, CAIR-Texas Houston, 713-254-2016, jfloyd@cair.com; CAIR National Deputy Director Edward Ahmed Mitchell, 404-285-9530, e-Mitchell@cair.com; CAIR Government Affairs Director Robert McCaw, 202-742-6448, rmccaw@cair.com; CAIR National Communications Director Ibrahim Hooper, 202-744-7726, ihooper@cair.com; CAIR National Communications Manager Ismail Allison, 202-770-6280, iallison@cair.com