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Judge Will Let DOJ Suit Against Arizona Proceed
National Review ^

Posted on 10/12/2010 12:10:52 PM PDT by roses of sharon

From the Courthouse News Service, a federal district judge has rejected a motion to dismiss the suit brought by the Obama Justice Department against the state of Arizona:

PHOENIX (CN) – A federal judge rejected motions in which Gov. Jan Brewer, Maricopa County Sheriff Joe Arpaio and Pinal County Sheriff Paul Babeu sought dismissal of a lawsuit challenging the constitutionality of Arizona’s new immigration law.

The complaint filed by civil rights groups, including Friendly House and the American Civil Liberties Union, contains sufficient allegations that S.B. 1070 perceptibly impairs the ability of the organizational plaintiffs to provide the services that the organizations were formed to provide, and as a result, there can be no question that the organizations have suffered an injury in fact, U.S. District Judge Susan Bolton ruled.

“While Governor Brewer correctly points out that, for the most part, the organizational plaintiffs’ allegations involve threats of future harm, the threat of future harm is sufficiently imminent.”

Bolton found the civil rights groups have standing to bring the lawsuit because the “alleged harm to the organizational plaintiffs will occur if S.B. 1070 goes into effect, regardless of how it is enforced or applied.”

Bolton wrote that “race, alienage, or national origin discrimination was a motivating factor in the enactment of S.B. 1070.”


TOPICS: Constitution/Conservatism; Crime/Corruption; Foreign Affairs; Front Page News; US: Arizona
KEYWORDS: activistjudge; aliens; arizona; blackrobedtyrants; democrats; judicialtyranny; liberalfascism; nojustice; noruleoflaw; rapeofliberty; sb1070; tyranny
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Men In Black.

And this is where we hang the future of our Republic?

1 posted on 10/12/2010 12:10:57 PM PDT by roses of sharon
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To: roses of sharon

Okay, who appointed this one? I wonder if Fed judges remember who hires the Fed?


2 posted on 10/12/2010 12:13:03 PM PDT by equalitybeforethelaw
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To: roses of sharon; central_va; cowboyway
And this is where we hang the future of our Republic?

If at first you don't Secede, try again...

3 posted on 10/12/2010 12:15:31 PM PDT by Idabilly (Ye men of valor gather round the banner of the right...)
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To: roses of sharon
1. Voters don't have standing to sue and there is no harm, imminent or otherwise, to require proof of a President's birth status.

2. Civil rights groups have standing to sue and there is imminent future harm from a bill that explicitly forbids the activity that would produce the it.

Wow.

4 posted on 10/12/2010 12:20:12 PM PDT by FTJM
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To: Idabilly

If at first you don’t Secede, try again...
************************************************
Ha! That’s funny...Mike Church sells those tee-shirts, I’m going to be giving them at Christmas time :P


5 posted on 10/12/2010 12:20:53 PM PDT by Irenic
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To: roses of sharon

Pathetic. Elsewhere in Bizarro-land, the Ft. Hood shooter trial gets yet another delay - until Nov. 9th!


6 posted on 10/12/2010 12:21:42 PM PDT by Jane Long (America, while you were sleeping the Socialists took over.)
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To: roses of sharon
“While Governor Brewer correctly points out that, for the most part, the organizational plaintiffs’ allegations involve threats of future harm, the threat of future harm is sufficiently imminent.”

So, the decision is based on some judge's personal assumption, not an interpretation of the Constitution.

When this nation finally falls, activist judges will bear a very large part of the blame.

7 posted on 10/12/2010 12:22:06 PM PDT by ScottinVA (The West needs to act NOW to aggressively treat its metastasizing islaminoma!)
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To: roses of sharon

So, in reality, “standing” is something used by activist judges to allow suits they agree with to go forward, and to deny it to suits they disagree with. I fail to see how the ACLU has any standing in this case.


8 posted on 10/12/2010 12:23:03 PM PDT by jeffc (One Big A$$ Mistake America)
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To: roses of sharon

Racketeers.


9 posted on 10/12/2010 12:24:43 PM PDT by skeeter
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To: roses of sharon

“S.B. 1070 perceptibly impairs the ability of the organizational plaintiffs to provide the services that the organizations were formed to provide, and as a result, there can be no question that the organizations have suffered an injury in fact, U.S. District Judge Susan Bolton ruled.”

Hey, Susie-Q, take a Midol, then get back in the kitchen and rattle those pots and pans, you low-grade moron.

If the “services that the organizations were formed to provide” are illegal, dungwit, then we shouldn’t just be interfering, we should be shutting them down and jailing them.


10 posted on 10/12/2010 12:25:50 PM PDT by dsc (Any attempt to move a government to the left is a crime against humanity.)
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To: jeffc

“So, in reality, “standing” is something used by activist judges to allow suits they agree with to go forward, and to deny it to suits they disagree with.”

How is that different from the practices of leftards in every context and circumstance? That’s why there is no point in listening to them.


11 posted on 10/12/2010 12:27:44 PM PDT by dsc (Any attempt to move a government to the left is a crime against humanity.)
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To: roses of sharon

The DREADED SCOTTSDALE DECISION.....................


12 posted on 10/12/2010 12:28:47 PM PDT by Red Badger (No, Obama's not the Antichrist. But he does have him in his MY FAVES.............)
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To: roses of sharon

Well thats one more step closer to civil war.


13 posted on 10/12/2010 12:32:10 PM PDT by Candor7 (Obama . fascist info..http://www.americanthinker.com/2009/05/barack_obama_the_quintessentia_1.html)
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To: roses of sharon

The judge is Susan Bolton...the same one that issued the injunction. It’s not a surprise she would reject this routine request for dismissal, considering how she’s already ruled on this case.


14 posted on 10/12/2010 12:33:20 PM PDT by Cyber Liberty (I am Derek Fenton! (me) Enjoying freedom ourselves requires tolerating it for others. (Jedidah))
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To: roses of sharon

Can we impeach?

I am totally fed up with the assault on our rights and our country. We have to do whatever it takes to take our county back from these true, true, true traitors.


15 posted on 10/12/2010 12:34:46 PM PDT by Bitsy
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To: roses of sharon
Sooo

If we formed a National Association for the Advancement of Conservatives in General [NAACG] we would have standing to sue Soetero and Company for trying to eliminate our constituency?

16 posted on 10/12/2010 12:37:13 PM PDT by norton
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To: roses of sharon; 1_Inch_Group; 2sheep; 2Trievers; 3AngelaD; 3pools; 3rdcanyon; 4Freedom; ...

Ping!


17 posted on 10/12/2010 12:38:03 PM PDT by HiJinx (I can see November from my front porch - and Mexico from the back.)
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To: jeffc
"So, in reality, “standing” is something used by activist judges to allow suits they agree with to go forward, and to deny it to suits they disagree with."Well, "No sh*t Sherlock!"
18 posted on 10/12/2010 12:40:49 PM PDT by I am Richard Brandon
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To: roses of sharon
Governor Brewer: Form Arizona Sate regiments of infantry. Patrol your own borders and deport interlopers. If the Fedzilla complains kick the beast out of your state. Raise havoc, let slip the dogs of the republic. End of Message.

PS: If you do this I will move there and join the Arizona Army(Like that sound)

19 posted on 10/12/2010 12:40:57 PM PDT by central_va (I won't be reconstructed, and I do not give a damn.)
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To: Jane Long

That terrorist gets a trial delay? FGS why?


20 posted on 10/12/2010 12:52:23 PM PDT by roses of sharon (I can do all things through Him who strengthens me. Philippians 4:13)
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