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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: 56099
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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Begin Trace Mode for Comment # 54.
#1. To: Brian S (#0)
Clinton Appointee. Just like Felzer. Democrats can't be trusted in office or on the bench.
I'm laying in the popcorn and beer for when this 'law' is struck down. Shouldn't be long now...
Why do you want illegals flooding our country and taking jobs from Americans. Real Americans. Michigan is hurting and you don't seem to give a damn.
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.
So you are saying your hatred of conservatives outweight the love for your country? That is what it sounds like to me.
No more or less than the conservatives hatred of liberals. Their blatant attempts to keep this economy in the tank certainly shows no love for your country and its citizens.
Obama is the one taking the debt to unbelieveable heights. Obama passed healthcare which is unconstitutional and will bankrupt us further. Obama is for taxing energy to destroy us. What exactly did the R's do to tank the economy? And it is you who champion illegals. Just to "get back" at conservatives.
Forget it Stone - you're wasting your time. Statists (they're NOT liberals) will support ANYTHING that advances the federal leviathan. (well, let me amend that. In their stupidity and blind hatred, they won't support an R like Bush BECAUSE he's an R - even though Bush advanced their cause by growing the gov't faster than any POTUS since LBJ.) They are not honest. They cannot be argued with - you cannot argue logically with someone when you can't even agree on terms. ("Racist" means whatever the hell I say it means today.) These dis-honest clowns WILL be defeated. Oh, not by the stupid party (aka the GOP) in an election. No, they will be defeated when this economy comes crashing down around their (and unfortunately, our) heads. Too bad their defeat will come at the cost of the destruction of the USA as we know it.
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.
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.
Do you believe that Arizona enforces EVERY law that it has on its book. And the Feds DO enforce immigration law.
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.
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.
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?
#56. To: war (#54)
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?)
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#2. To: Nebuchadnezzar (#1)
#3. To: Brian S (#2)
#8. To: A K A Stone (#3)
Why do you want illegals flooding our country and taking jobs from Americans.
#9. To: Brian S (#8)
#10. To: A K A Stone (#9)
So you are saying your hatred of conservatives outweight the love for your country?
#13. To: Brian S (#10)
#19. To: A K A Stone (#13)
And it is you who champion illegals. Just to "get back" at conservatives.
#21. To: Ignore Amos (#19)
(Edited)
#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.
#32. To: Ignore Amos (#23)
Then AZ should not pass a law REINFORCING a law that the FEDGOV refuses to enforce.
#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.
#40. To: Ignore Amos (#39)
Suuuuuuure they do.
#41. To: war (#40)
You have an issue with the First Amendment now?
#42. To: Ignore Amos (#41)
(Edited)
Show me where the BofR applies to non-citizens.
#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.
#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.
#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.
#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?
#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 . . .
Replies to Comment # 54.
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