"9th Circuit Finds 10th Amendment Inconvenient to Agenda"
Frowning takes 68 muscles.
Smiling takes 6.
Pulling this trigger takes 2.
I'm lazy.
Posted on 11/01/2010 1:31:25 PM PDT by Libloather
Appeals court hints at tossing part of Ariz. immigration law
By Paul Elias
Associated Press
2:29 p.m., Monday, November 1, 2010
SAN FRANCISCO (AP) — Arizona's immigration law faced tough scrutiny from a federal appeals panel Monday as the state's governor appeared in person to support the controversial provision on the day before the election in which she's seeking her first full term.
The 9th U.S. Circuit Court of Appeals signaled it was ready to toss out the provision of Arizona's law that criminalizes the failure to carry immigration papers showing lawful residency in the United States.
But the three-judge panel didn't tip its hand over which way it was leaning on other provisions of the state law that touched off a national furor when Arizona Gov. Jan Brewer signed it April 23. The federal government filed a lawsuit soon after to invalidate the measure.
U.S. Deputy Solicitor General Edwin Kneedler argued Monday that the provisions in question violate laws making immigration enforcement the exclusive domain of the federal government.
Among the provisions at issue is the requirement that police, when enforcing other laws, must question the immigration status of people they have reason to suspect are in the country illegally.
"It's how the state wants to use its people," said Judge Carlos Bea, appointed to the bench by President George W. Bush. "The state can turn over an illegal to federal officials."
(Excerpt) Read more at washingtontimes.com ...
If that’s the only provision they toss, we’re in good shape.
Wish we were voting on the future employment of the Ninth Circus tomorrow...
Just uphold all of 1070 and toss the lower court’s ruling!
It can be easily housed somewhere else and that can be done through an appropriations bill.
Alas, that'd give Obama a whole bunch of new appointment opportunities ~ so who do you imagine he'd like to send there!
And how can state authorities enforce the law if they cannot ask for proof of lawful residency?
They can require you produce it; the court seems to be hinting that you can’t be cited for not carrying the documents, but can be arrested for being illegal.
IOW, you can’t be cited for leaving your papers at home, but you can be cited for being illegal.
In any event, whatever the 9th decides will be overturned on appeal anyway.
I don’t remember SB1070 “criminalizing” not carrying ID.
I think the article is wrong
If someone anywhere in the USA does not have any ID and are stopped by local or even ICE they can be detained.
Being detained is not arrested
Nothing in the AZ makes it a crime to not carry your ID.
Ping!
3 judge panel? Why are they wasting their time and not going directly to en banc? Obviously either side will appeal the decision and that is the next logical step.
ICE won’t even answer the phone for picking up illegals.
Friends both worked at local county sheriff department. They couldn’t get a human to answer the phone at ICE & NEVER got any return calls.
Illegals were turned back into the general populace because the county would not feed & house them forever.
ICE just won’t come & do their job.
Good. Stupid law.
Yeah, just let illegals flood the country. Right.
I assume that you, noob, are the old Tom Paine? or am I wrong?
"9th Circuit Finds 10th Amendment Inconvenient to Agenda"
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