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U.S. Constitution
See other U.S. Constitution Articles

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: 58083
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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#34. To: war (#27)

Greenspan IS a republican

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

no gnu taxes  posted on  2010-07-23   9:16:46 ET  Reply   Trace   Private Reply  


#35. To: war (#33)

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.

A K A Stone  posted on  2010-07-23   9:21:33 ET  Reply   Trace   Private Reply  


#36. To: no gnu taxes (#34)

Never saw you bitch about what he was doing during sinkboy's term.

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".

war  posted on  2010-07-23   9:26:43 ET  Reply   Trace   Private Reply  


#37. To: A K A Stone (#35)

Dude...is the backspace key on your keyboard malfucntioning? Potted plants are wittier than you.

war  posted on  2010-07-23   9:27:49 ET  Reply   Trace   Private Reply  


#38. To: no gnu taxes (#34)

Sounds like the OCC was indeed doing their job

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.

war  posted on  2010-07-23   9:29:40 ET  Reply   Trace   Private Reply  


#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.

It's statements like that which cause folks not to take you seriously, war.

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Wooo-Hooo!! Republicans are poised to win in November.

Ignore Amos  posted on  2010-07-23   11:19:14 ET  Reply   Trace   Private Reply  


#40. To: Ignore Amos (#39)

Suuuuuuure they do.

You have an issue with the First Amendment now?

war  posted on  2010-07-23   11:35:32 ET  Reply   Trace   Private Reply  


#41. To: war (#40)

You have an issue with the First Amendment now?

Show me where the BofR applies to non-citizens.

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Wooo-Hooo!! Republicans are poised to win in November.

Ignore Amos  posted on  2010-07-23   11:37:08 ET  Reply   Trace   Private Reply  


#42. To: Ignore Amos (#41) (Edited)

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.

war  posted on  2010-07-23   11:41:47 ET  Reply   Trace   Private Reply  


#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.

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.

no gnu taxes  posted on  2010-07-23   11:43:04 ET  Reply   Trace   Private Reply  


#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.

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]

war  posted on  2010-07-23   11:44:50 ET  Reply   Trace   Private Reply  


#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.

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)

mininggold  posted on  2010-07-23   11:51:40 ET  Reply   Trace   Private Reply  


#46. To: war (#42)

The BoR doesn't apply to any citizen. It applies to the government.

Touche. (Now tell president Zero - who thinks the Constitution is a list of "negative" rights. But that's a topic for another time.)

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.

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?

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.

They're members of the HUMAN race. Period.

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Wooo-Hooo!! Republicans are poised to win in November.

Ignore Amos  posted on  2010-07-23   12:04:23 ET  Reply   Trace   Private Reply  


#47. To: Ignore Amos (#46)

Stop trying to tap dance. Why did you post that picture in reponse to my statement that the Feds do enforce immigration laws.

war  posted on  2010-07-23   13:32:46 ET  Reply   Trace   Private Reply  


#48. To: war (#47)

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.

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Wooo-Hooo!! Republicans are poised to win in November.

Ignore Amos  posted on  2010-07-23   13:48:09 ET  Reply   Trace   Private Reply  


#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.

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.

Badeye  posted on  2010-07-23   14:19:06 ET  Reply   Trace   Private Reply  


#50. To: Ignore Amos (#48)

Because it was effective in illustrating just how absurd your statement was.

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.

war  posted on  2010-07-23   14:37:40 ET  Reply   Trace   Private Reply  


#51. To: war (#50)

Are we back to assuming that they are all here illegally?

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?

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.

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?

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Wooo-Hooo!! Republicans are poised to win in November.

Ignore Amos  posted on  2010-07-23   15:00:41 ET  Reply   Trace   Private Reply  


#52. To: Ignore Amos (#51)

But be honest - would you wager any sizable amount of money that they AREN'T illegals?

Against what? The US Constitution's check on government powers? Is that what you're wagering?

war  posted on  2010-07-23   15:22:22 ET  Reply   Trace   Private Reply  


#53. To: war (#52)

But be honest - would you wager any sizable amount of money that they AREN'T illegals?

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?

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Wooo-Hooo!! Republicans are poised to win in November.

Ignore Amos  posted on  2010-07-23   15:39:00 ET  Reply   Trace   Private Reply  


#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 . . .

war  posted on  2010-07-23   16:10:28 ET  (2 images) Reply   Trace   Private Reply  


#55. To: Ignore Amos (#51) (Edited)

For what it's worth, I believe the court will strike it down. Then what?

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.

war  posted on  2010-07-23   16:14:29 ET  Reply   Trace   Private Reply  


#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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Wooo-Hooo!! Republicans are poised to win in November.

Ignore Amos  posted on  2010-07-23   16:22:29 ET  Reply   Trace   Private Reply  


#57. To: Ignore Amos (#56)

That was Toronto's parade.

war  posted on  2010-07-23   16:24:04 ET  Reply   Trace   Private Reply  


#58. To: war (#55)

You FORCE the Federal government to do something.

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.

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Wooo-Hooo!! Republicans are poised to win in November.

Ignore Amos  posted on  2010-07-23   16:26:41 ET  Reply   Trace   Private Reply  


#59. To: Ignore Amos (#58) (Edited)

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.

war  posted on  2010-07-23   16:42:53 ET  Reply   Trace   Private Reply  


#60. To: Brian S (#2)

"I'm laying in the popcorn and beer for when this 'law' is struck down.

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.

Ferret Mike  posted on  2010-07-23   16:45:39 ET  Reply   Trace   Private Reply  


#61. To: war (#42)

You just lied again. Stop lying.

A K A Stone  posted on  2010-07-23   17:27:55 ET  Reply   Trace   Private Reply  


#62. To: mininggold (#45)

You like Obama. And you also like monkeys because you practice the monkey turned into human sex religion.

A K A Stone  posted on  2010-07-23   17:29:23 ET  Reply   Trace   Private Reply  


#63. To: A K A Stone (#61) (Edited)

You're going on bozo until your needle unsticks and you can make a salient point.

war  posted on  2010-07-23   17:30:15 ET  Reply   Trace   Private Reply  


#64. To: Ferret Mike (#60)

You should be deported.

A K A Stone  posted on  2010-07-23   17:30:49 ET  Reply   Trace   Private Reply  


#65. To: Ignore Amos (#58)

Short of hands across Arizona you're not going to stop illegal immigration. The best way is to make it impossible for them to make a living. The reason that will never happen is because your prime target is Joe the Plumbers.

war  posted on  2010-07-23   17:35:34 ET  Reply   Trace   Private Reply  


#66. To: mininggold (#45)

G, I'm sorry. Give me a chance, OK?

Am I a liberal or a conservative? - Fredo Mertz

Jethro Tull  posted on  2010-07-23   19:18:32 ET  Reply   Trace   Private Reply  


#67. To: Ignore Amos (#23) (Edited)

they should just round up all the illegals, put them on a train, and ship them to DC.

Maryland would probably be OK with that, but I could see Virginia setting up immigration checkpoints on the DC border. They might have to secede from the Union again. No doubt other States would join them. Could lead to another war of northern aggression (WNA II).

Hondo68  posted on  2010-07-23   21:01:13 ET  Reply   Trace   Private Reply  


#68. To: war (#65)

The reason that will never happen is because your prime target is Joe the Plumbers.

I wasn't aware that plumbing was one of the jobs (to quote your 'favorite' pres) "Americans won't do."

It pays well and requires more than an entry-level skill.

Who knew?

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Wooo-Hooo!! Republicans are poised to win in November.

Ignore Amos  posted on  2010-07-23   23:13:45 ET  Reply   Trace   Private Reply  


#69. To: hondo68 (#67)

Could lead to another war of northern aggression (WNA II).

The only problem I personally have with that idea is that I'd have to move south . . .

:-)

-------------------------------------------------------------------------------


Wooo-Hooo!! Republicans are poised to win in November.

Ignore Amos  posted on  2010-07-23   23:15:32 ET  Reply   Trace   Private Reply  


#70. To: A K A Stone (#64)

"You should be deported."

I was born here, and I am a veteran of the U.S. Army for nine years.

Go screw yourself.

Ferret Mike  posted on  2010-07-24   1:23:15 ET  Reply   Trace   Private Reply  


#71. To: Jethro Tull (#66)

Great artist and song, thanks.

Ferret Mike  posted on  2010-07-24   1:24:21 ET  Reply   Trace   Private Reply  


#72. To: Ferret Mike (#70)

Go screw yourself.

The intolerance of a leftwingnut!

Ibluafartsky  posted on  2010-07-24   1:25:57 ET  Reply   Trace   Private Reply  


#73. To: Ignore Amos (#68) (Edited)

I wasn't aware that plumbing was one of the jobs (to quote your 'favorite' pres) "Americans won't do/"

I don't know where it is that you live but where I live when you hire Joe the Plumber he shows up with Jose The Plomero to help him. When you hire Paul The Painter he has Paulito and Jesse the Carpenter has Jesus...

war  posted on  2010-07-24   7:53:09 ET  Reply   Trace   Private Reply  


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