FL Attorney General Plays Stupid Games, Wins Stupid Prizes

Florida Attorney General James Uthmeier bloody well understands the Supremacy Clause. This asshole graduated from Georgetown Law — and not that long ago! The question now is whether he’s so committed to pretending to be an idiot that he’s willing to get held in contempt of court.

The “trouble” started when Governor Ron DeSantis (HLS 2005) signed a bill purporting to enact a state-specific immigration regime. Specifically, Florida Senate Bill 4-C purported to criminalize “illegal entry by adult unauthorized alien into this state,” with escalating penalties for “illegal reentry.” The Supreme Court has repeatedly held that states are preempted from crafting competing immigration schemes under the Supremacy Clause. Indeed, a similar law was enjoined last year by Judge Roy Altman, a Trump appointee. And so it’s hardly surprising that this year’s version got blocked, too, this time by Judge Kathleen Williams, who was named to the bench by Obama.

But AG Uthmeier was thinking outside the box! See, the plaintiffs only sued him and the States Attorneys in Florida’s 20 Judicial Circuits. They failed to name every county cop driving a cruiser up and down 95. And so … maybe Officer Swampbritches isn’t bound by the court’s order???

On April 23, after the court had entered a TRO but before it entered the PI, AG Florida Man sent a letter to state law enforcement agencies. In it, he encouraged them to continue making arrests under the enjoined law, even if prosecutors were all barred from charging anyone under it:

I cannot prevent you from enforcing §§ 811.102 and 811.103, where there remains no judicial order that properly restrains you from doing so. As set forth in the brief my office filed today it is my view that no lawful, legitimate order currently impedes your agencies from continuing to enforce Florida’s new illegal entry and reentry laws.

Three days later, the plaintiffs, a coalition of immigrants’ rights groups, made the court aware of “this apparent effort to undermine the Court’s order” in a supplemental brief. Judge Williams demanded that Uthmeier explain himself, which he did on May 12, with an assist from three lawyers from Boies Schiller. They insist that their client did not violate the court’s order, because it was only in the PI that she “expanded” it to include parties not named.

This position is rather undercut by a letter Uthmeier sent on April 18, noting that the judge “clarified verbally that her order covers all law enforcement officers in the State of Florida.” But, the brilliant Boies boys had an answer for that one, too. And it is HAVEN’T YOU HEARD OF THE FIRST AMENDMENT?

“[C]ommenting about a law—even strongly, and even in legally relevant ways—does not enforce the law,” the insist, adding that “The Attorney General did not direct law enforcement officials to do anything. Nor did he compel law enforcement officials to do anything. Rather, he explained his ‘view … [a]s set forth in the brief [his] office filed.’ That is not enforcement.”

It’s a bold strategy, Cotton! Particularly since Uthmeier flapped his yap all over local TV, vowing that “I’m not going to rubber stamp her order. … I’m not going to ask law enforcement to stand down.”

The matter came to a head yesterday in court, during a fiery show cause hearing.

“That’s Mr. Uthmeier saying what he meant,” Judge Williams said, according to the Miami Herald.

Politico reports that Uthmeier’s counsel urged the judge not to consider the AG’s out of court statements, which went over like a lead balloon.

““You’re inviting me to consider context and I’m considering context,” she shot back.

The court took the matter of contempt under advisement.

TL, DR: GULC, COME GET YOUR BOY!

Florida Immigrant Coalition v. Uthmeier [Docket via Court Listener]

Liz Dye lives in Baltimore where she produces the Law and Chaos substack and podcast.

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