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Title: Judge Doubts The Constitutionality Of Arizona's Immigration Law
Source:
LATIMES
URL Source: http://www.latimes.com/news/nationw ... ation-20100723,0,3498774.story
Published: Jul 22, 2010
Author: Nicholas Riccardi, Los Angeles Times
Post Date: 2010-07-22 18:47:58 by Brian S
Keywords: None
Views: 56079
Comments: 73
Reporting from Phoenix — A federal judge on Thursday expressed skepticism that a key part of a controversial Arizona law to control illegal immigration is constitutional. U.S. District Judge Susan Bolton noted at a hearing that the U.S. Supreme Court has long barred states from creating their own immigrant registration systems. She said the Arizona measure's stipulation that makes a crime of failing to have immigration documents may violate that. John Bouma, the attorney representing Arizona Gov. Jan Brewer, tried to convince Bolton otherwise but eventually gave up. "I didn't have the feeling I persuaded you last week either," he said, alluding to a previous hearing. Bolton did not issue a ruling. The statements came as Bolton heard arguments from civil rights groups urging her to stop the law from going into effect July 29. The Obama administration has also sought an injunction. Its arguments will be heard later Thursday afternoon. Omar Jadwat, an attorney with the ACLU, argued that the law, SB 1070, ignores the complexities of the federal immigration system to focus on trying to drive illegal immigrants from the state. "What we're facing here," he said, "is an attempt by a state to create an interrelated system of immigration laws that displace the federal" statutes. Bouma said Arizona was only trying to enforce federal laws the U.S. government is ignoring. He urged Bolton not to enjoin the law. "We're talking about an extraordinary remedy," he said, referring to the requests to halt SB 1070 from taking effect. "We're talking about imposing on the sovereignty of the state." In addition to making a lack of immigration documents a state crime, the law requires police officers to determine the immigration status of people they lawfully stop who they suspect are in the country illegally. Supporters argue that SB 1070 is needed to protect Arizona from crime spilling over from Mexico. But civil rights groups contend that the measure will lead to racial profiling, and the Obama administration has said it is an unconstitutional attempt by a state to regulate immigration, which is a federal responsibility.
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#20. To: Brian S (#10)
You talking about the President Tarball Administration? The economy would have recovered long ago if not for his destructive policies towards business.
Under the USCON - which you folks foam at the mouth about being obeyed - puts immigration SQUARELY under the jurisdiction of the Federal Government. "Aliens" legally or illegally enter the UNITED STATES.
Your evidence for this is what?
Got it! Fine. Then AZ should not pass a law REINFORCING a law that the FEDGOV refuses to enforce. Rather, they should just round up all the illegals, put them on a train, and ship them to DC. FEDGOV is hellbent on importing illegals? Fine. Let them deal with them, then.
------------------------------------------------------------------------------- Thanks for finally admitting it is Obamas fault.
You and mining think your ancestors breathed through their gills. You don't have a nose. So that isn't possible.
More BS from the king of BS. Over 70 percent of the non-prime mortgages were made by lenders that came under state law. More than half were made by lenders that were ONLY subject to state law. These were the loans with the highest levels of foreclosure, and the OCC had nothing to do with them. These horrible lending practices were fueled solely by liberal Democrat policies. There was a total abdication of regulatory oversight exhibited by Alan Greenspan The Fed is not an "R"
You blame state governments AND democrats. Kewel... Greenspan IS a republican, doof. “It is widely recognized that the worst subprime loans that have caused the most foreclosures were originated by nonbank lenders and brokers regulated exclusively by the states. Although the OCC has little rulewriting authority in this area, we have closely supervised national bank subprime lending practices. As a result, national banks originated a relatively smaller share of subprime loans and applied better standards, resulting in significantly fewer foreclosures – as demonstrated in an attachment to this speech prepared last year by OCC staff,” he said. “Meanwhile, nothing in federal law precluded states from effectively regulating their own nonbank mortgage lenders and brokers,” he added. “Indeed, that’s why the plan’s grant of strong rulewriting and enforcement authority at the federal level over the shadow banking system of unregulated financial providers, through the CFPA, is such a good idea.” ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ The OCC HAS regulatory authority to intervene when the lending is interstate.
You really enjoy kicking his ass don't you? Can't say I blame you.
Chuckles...how'd the other guy look?
I'm sure on some small level there was either a point or the belief of wit. My eyes just aren't that good any more.
It is democrats who are destroying the economy. With their you don't have to work to get money religion. It is democrats who didn't pay back their loans. At least 90 percent of it.
Do you believe that Arizona enforces EVERY law that it has on its book. And the Feds DO enforce immigration law.
Chuckles...too bad the recession started thanks to a GOP POTUS and his moronic policies.
The Fed is not an R Never saw you bitch about what he was doing during sinkboy's term. Although the OCC has little rulewriting authority in this area, we have closely supervised national bank subprime lending practices. As a result, national banks originated a relatively smaller share of subprime loans and applied better standards, Sounds like the OCC was indeed doing their job
You just like the D's because they give you food stamps and welfare so you can sit on your ass all day 24/7 on the internet. Eating potato chips and popcorn.
I have no idea what that means. I have never been a fan of Alan Greenspan. Ever. He's a deflationist and his lack of oversight resulted in most the crisis' that he was given credit for "solving".
Dude...is the backspace key on your keyboard malfucntioning? Potted plants are wittier than you.
Get your hearing checked. That advised, you've claimed that it was the banking industry, specifically, CRA that caused the crisis. Now you're defending and agreeing with the OCC. Seems to me as if you're agreeing with me that CRA did not cause the problem because OCC was doing its job.
It's statements like that which cause folks not to take you seriously, war.
------------------------------------------------------------------------------- You have an issue with the First Amendment now?
Show me where the BofR applies to non-citizens.
------------------------------------------------------------------------------- The BoR doesn't apply to any citizen. It applies to the government. If you believe that your rights are on a "goddam piece of paper" then I can't help you. That said, show me where any one of those people is a non-citizen and, btw, thanks for confirming the racist nature of the law in your assumption that they ARE non citizens.
No, what I have said is that it was the CRA and the GSEs that provided the impetus that caused the problem. There was never a problem with the ridiculous loan practices before that.
O I C...you said it but didn't say it because it was what you weren't saying before you said it. Got it... [snicker]
YOU are the one who keeps bringing it up. Must be some more of those teachings from that propaganda mill you call your church.
"See in my line of work, you got to keep repeating things over and over and over again for the truth to sink in, to kind of catapult the propaganda." --- George W. Bush (Rochester NY, 5-24-2005)
Touche. (Now tell president Zero - who thinks the Constitution is a list of "negative" rights. But that's a topic for another time.) I do suspect that they MIGHT be illegals, however. Is there a law against suspecting now? Are private thoughts going to be the next thing to go in your statist utopia? They're members of the HUMAN race. Period.
------------------------------------------------------------------------------- Stop trying to tap dance. Why did you post that picture in reponse to my statement that the Feds do enforce immigration laws.
Because it was effective in illustrating just how absurd your statement was. If you **think** that the murder, chaos, and general anarchy going on on the US/Mexico border represents the feds "enforcing the immigration laws", then your idea of law enforcement is vastly different from mine. And, I daresay, different from a majority of the US citizenry (both of the Hispanic and non-Hispanic variety) who favor stronger immigration control.
------------------------------------------------------------------------------- Sad mindset when party affiliation trumps whats best for the nation as a whole, Brian S.
Obama's first all-by-his-lonesome budget, btw, calls for a $1.17 trillion deficit.
How so? You've admitted that you know zipola about those people. Are we back to assuming that they are all here illegally? This is why your "it's not about race" bullshit will always fail. Your "illustration" was based upon one factor: What they LOOK like. Regardless, the power of immigration enforcement is in the federal government.
Truth be told, that was the assumption of Google's image search software. But be honest - would you wager any sizable amount of money that they AREN'T illegals? What would happen if AZ authorities picked up an illegal immigrant under this law? Would they not turn him/her over to federal authorities? Again, I believe that AZ felt that it was being killed by the fedgov's lack of action regarding illegals. They did what they felt they had to do - they came up with this law. 70 something percent of AZonians support it (which must include SOME hispanics). 60 plus percent of the general US population support it. While popularity does not necessarily mean that it is constitutional - that is why we have courts. For what it's worth, I believe the court will strike it down. Then what?
------------------------------------------------------------------------------- Against what? The US Constitution's check on government powers? Is that what you're wagering?
Against what? The US Constitution's check on government powers? Is that what you're wagering? Geeeez, I don't know. It was a throw-away comment. Sue me. Someone with common sense MIGHT look at a large gathering of Hispanic looking people [[[omigod, is that racist?? call the thoughtpolice!!!}} at a pro ILLEGAL immigration rally, carrying the flag of Mexico, and surmise . . . . . . they MIGHT be illegals. Or some of them might be. Or hell, none of them might be. Who the hell knows! Who the hell cares? You are one anal individual. Now, care to address the rest of my post?
-------------------------------------------------------------------------------
You FORCE the Federal government to do something. How? Good question...geography works against this being a make or break issue in majority of states. In my mind, making hiring them a felony is the proper way to start.
LOL! Now you've offended my Irish sensibilities. You racist! (and who knew that St. Paddy's day parades were covers for illegal immigrant activities?)
------------------------------------------------------------------------------- That was Toronto's parade.
I think most reasonable people would be satisfied if they did. It's the perception that NOTHING is being done that is frustrating. And it truly IS a bi-partisan screw up - going back at least to the 70's & 80's under dem and rep admins.
------------------------------------------------------------------------------- Immigration is like education. You focus so much on the failures that successes get ignored. But, I have to confess that I have, in tTe last 4 years, moved away from my position of open borders to one of stricter enforcement. And it's the sober arguments that have swayed me.
Shouldn't be long now..." It will be. As well as it deserves this. It is a poorly crafted law that tries to take the heat off the obstructionist Repugs in Congress that have prevented nessesary amnesty legislation from passing. I look forward to seeing this law struck down.
Comments (61 - 73) not displayed.
Top • Page Up • Full Thread • Page Down • Bottom/LatestTheir blatant attempts to keep this economy in the tank
#21. To: Ignore Amos (#19)
(Edited)
#22. To: no gnu taxes (#20)
The economy would have recovered long ago if not for his destructive policies towards business.
#23. To: war (#21)
Under the USCON which you folks foam at the mouth about being obeyed puts immigration SQUARELY under the jurisdiction of the Federal Government.
Wooo-Hooo!! Republicans are poised to win in November.
#24. To: war (#18)
There was a total abdication of regulatory oversight exhibited by the Comptroller of the Currency during Boy Blunder's reign of error
#25. To: war (#17)
#26. To: war (#18)
There was a total abdication of regulatory oversight exhibited by the Comptroller of the Currency during President Bush's term
#27. To: no gnu taxes (#26)
These horrible lending practices were fueled solely by liberal Democrat policies.
#28. To: no gnu taxes (#26)
#29. To: A K A Stone (#28)
(Edited)
#30. To: A K A Stone (#25)
(Edited)
You and mining think your ancestors breathed through their gills. You don't have a nose. So that isn't possible.
#31. To: war (#27)
#32. To: Ignore Amos (#23)
Then AZ should not pass a law REINFORCING a law that the FEDGOV refuses to enforce.
#33. To: A K A Stone (#31)
It is democrats who are destroying the economy.
#34. To: war (#27)
Greenspan IS a republican
#35. To: war (#33)
#36. To: no gnu taxes (#34)
Never saw you bitch about what he was doing during sinkboy's term.
#37. To: A K A Stone (#35)
#38. To: no gnu taxes (#34)
Sounds like the OCC was indeed doing their job
#39. To: war (#32)
Do you believe that Arizona enforces EVERY law that it has on its book.
How would I know? And what's that have to do with the question at hand? And the Feds DO enforce immigration law.
Suuuuuuure they do.
Wooo-Hooo!! Republicans are poised to win in November.
#40. To: Ignore Amos (#39)
Suuuuuuure they do.
#41. To: war (#40)
You have an issue with the First Amendment now?
Wooo-Hooo!! Republicans are poised to win in November.
#42. To: Ignore Amos (#41)
(Edited)
Show me where the BofR applies to non-citizens.
#43. To: war (#38)
That advised, you've claimed that it was the banking industry, specifically, CRA that caused the crisis. Now you're defending and agreeing with the OCC. Seems to me as if you're agreeing with me that CRA did not cause the problem because OCC was doing its job.
#44. To: no gnu taxes (#43)
(Edited)
No, what I have said is that it was the CRA and the GSEs that provided the impetus that caused the problem.
#45. To: A K A Stone (#25)
You and mining think your ancestors breathed through their gills. You don't have a nose. So that isn't possible.
#46. To: war (#42)
The BoR doesn't apply to any citizen. It applies to the government.
That said, show me where any one of those people is a non-citizen . . .
Can't do it. And the law - as written - can't either. Until they come into contact with the police for another matter. and, btw, thanks for confirming the racist nature of the law in your assumption that they ARE non citizens.
Ha ha the race card. Unlike most statists, I couldn't care less about dividing people up and pitting them against each other according to their race.
Wooo-Hooo!! Republicans are poised to win in November.
#47. To: Ignore Amos (#46)
#48. To: war (#47)
Why did you post that picture in reponse to my statement that the Feds do enforce immigration laws.
Wooo-Hooo!! Republicans are poised to win in November.
#49. To: Brian S (#8)
I don't want them here anymore than you but I do take delight in watching you and your neocon friends squeal like stabbed pigs when you don't get your way.
#50. To: Ignore Amos (#48)
Because it was effective in illustrating just how absurd your statement was.
#51. To: war (#50)
Are we back to assuming that they are all here illegally?
Regardless, the power of immigration enforcement is in the federal government.
I'm not sure the AZ law says that it is not. From what I understand, it was specifically written NOT to conflict with federal law, but rather to complement it.
Wooo-Hooo!! Republicans are poised to win in November.
#52. To: Ignore Amos (#51)
But be honest - would you wager any sizable amount of money that they AREN'T illegals?
#53. To: war (#52)
But be honest - would you wager any sizable amount of money that they AREN'T illegals?
Wooo-Hooo!! Republicans are poised to win in November.
#54. To: Ignore Amos (#53)
(Edited)
Someone with common sense MIGHT look at a large gathering of Hispanic looking people [[[omigod, is that racist?? call the thoughtpolice!!!}} at a pro ILLEGAL immigration rally, carrying the flag of Mexico, and surmise . . .
#55. To: Ignore Amos (#51)
(Edited)
For what it's worth, I believe the court will strike it down. Then what?
#56. To: war (#54)
Wooo-Hooo!! Republicans are poised to win in November.
#57. To: Ignore Amos (#56)
#58. To: war (#55)
You FORCE the Federal government to do something.
Wooo-Hooo!! Republicans are poised to win in November.
#59. To: Ignore Amos (#58)
(Edited)
#60. To: Brian S (#2)
"I'm laying in the popcorn and beer for when this 'law' is struck down.
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