Report: Justice Department Moving to Challenge Arizona Law

JonathanTurley.org ^ | 04/24/10 | Jonathan Turley

[OldDeckHand]

The Justice Department is reportedly moving toward challenging the Arizona law. If true, it would be a rare case where the United States directly challenges a state law as opposed to waiting to intervene as an amicus. Given the increasing number of cities and citizens planning to challenge the law, there is no paucity of plaintiffs requiring such a challenge. I will be discussing this issue tonight on Countdown.

An early challenge by the Justice Department would indicate that it is not going to wait to create an “as applied” challenge based on actual enforcement. That would make it more likely that the challenge would be based on preemption. That would be a tough challenge in my view. I do not see in the legislative history or language any congressional intent to preempt state laws to block concurrent jurisdiction. That would leave an implied preemption argument under the Supremacy Clause of Article VI.

The Court does not presume such preemption, which would have to be based on an inherent conflicts between federal and state law. Here the state is claiming to be assisting the federal government by rounding up illegal aliens.

[OldDeckHand]

Turley actually offers a remarkably fair, and I would say, accurate assessment. It's going to be tough to successfully challenge this law, absent any problems with enforcement and application. Turley also correctly cites Plyler v Doe 457 U.S. 202, 228 (1982)-of all things - to support AZ's ability to actual enact this law...

"Although the State has no direct interest in controlling entry into this country, that interest being one reserved by the Constitution to the Federal Government, unchecked unlawful migration might impair the State’s economy generally, or the State’s ability to provide some important service. Despite the exclusive federal control of this Nation’s borders, we cannot conclude that the States are without power to deter the influx of persons entering the United States against federal law, and whose numbers might have a discernible impact on traditional state concerns.",/i>

So long as their isn't a cop who gets caught abusing this new statute in some way, it's going to be challenging for Holder and Obama to undo.

[originalbuckeye]

All the Law does is empower Arizona Law Enforcement to ENFORCE THE LAW. It isn’t racist, it isn’t Nazi like. It’s already Federal Law.

[FormerACLUmember]

Bring it on, Marxist thugs.

[Teflonic]

Sounds like desperation to stop it before highly positive effects on the AZ economy sans illegals can be demonstrated.

[SmokingJoe]

Bring it on, Marxist thugs.

I second that. We are hankering for a nasty fight with Holder the Marxist scum.

[muawiyah]

Really simple solution to the concerns advanced over the Constitutional integrity of the AZ law ~ see Euclid v. Ambler.

All of the principles described there are present in this issue.

I don't imagine the SCOTUS wants to undermine zoning and planning controls in this country just for the sake of allowing illegal aliens to run wild on the public right of way.

[Dallas59]

Sounds like amnesty is right around the corner to prevent other states from following Arizona.

[panaxanax]

It’s starting to look like there’s a war coming. Watch this Saturday (May Day) as the Latinos “march” in 70 major cities across the nation. There WILL be violence and arrests. Just the beginning......I fear.

[rbosque]

Dog and pony show. They know they’ll lose. Arizona has a right to set it’s own state laws and the Feds cannot interfere. It’s already Federal law.

It’s a stupid exercise to appeal to their idiot base.

[Eric in the Ozarks]

Especially since these AH’s are due for an old fashioned ass-kicking in November.

[marajade]

http://phoenix.bizjournals.com/phoenix/stories/2010/01/04/daily69.html

[rolling_stone]

I can’t wait to see if another bought and paid fore Obama Liberal judge takes the anti-birther side and says the US doesn’t have standing...lol...our country has become a laughing stock of the world.

[oldtimer]

This all started with LBJ who was the last POTUS before Obamanation to systematically destroy America.

Then it was to turn the blacks, by destroying the family, into a welfare, redistribution of wealth,aka great society which he did.

Now it is the young kids who have been brainwashed from kindergarten through high school/college with so called political correctness, and their electronic toys which neutralizes their brain for logical thinking .

1984 and who is John Galt.

[silentreignofheroes]

70 cities-—50 States .Don’t fear,,,Prepare

[onedoug]

Article II Section 3...

...he shall take Care that the Laws be faithfully executed....

Rather soetoro should be impeached for not doing his duty. Sad times indeed.

[Balding_Eagle]

Just the beginning......I fear

I sure don't get all this fear and trembling here at FR.

What are we, a bunch of wusses?

For Gods sake man, we have hoped and prayed for clear decisive issues and politicans for years.

Now that we have both, you want to crawl away in fear.

BY GOD RUN AWAY................THE REST OF US WANT THIS FIGHT BADLY.

GET THE HELL OUT OF OUR WAY. !

[Outlaw Woman]

70 cities-—50 States .Don’t fear,,,Prepare

Is there a list somewhere? This would be interesting to 'watch'

[Outlaw Woman]

I don't believe it's fear of them but rather fear for our great Nation. jmo

[American Constitutionalist]

" Sounds like desperation to stop it before highly positive effects on the AZ economy sans of stopping massive voter fraud that will benefit the liberals/democrats by illegals can be demonstrated."


There now, fixed.

[Bean Counter]

Let us be clear. Holder is going after the people of Arizona, not just this law.

But then again, what else does anyone expect of this crew...??