Posted on 07/26/2007 8:18:31 PM PDT by Hacksaw
U.S. District Judge James M. Munley, in a much anticipated 206 page decision with national implications, also ruled that the ordinance violated the nation's Supremacy Clause, which acknowledges federal law as the supreme law of the land.
"Whatever frustrations ... the city of Hazleton may feel about the current state of federal immigration enforcement, the nature of the political system in the United States prohibits the city from enacting ordinances that disrupt a carefully drawn federal statutory scheme," Munley wrote.
The ordinance, which would have imposed heavy fines on landlords who rent to illegal immigrants and businesses that hire them, was introduced in June 2006 by Hazleton Mayor Lou Barletta following several violent crimes Barletta attributed to illegal immigrants.
David Vaida, an Allentown attorney who was part of the legal team that represented several Hazleton residents who filed suit in August 2006 seeking to block the ordinance, said he was "elated" with the decision.
"The fact that we have won vindicates the right of citizens to rely on the federal constitution to protect our rights," Vaida said.
Barletta, who scheduled a press conference for Thursday afternoon, told CNN that the city would appeal the decision to the 3rd Circuit Court in Philadelphia and, if need be, to the U.S. Supreme Court.
(Excerpt) Read more at mcall.com ...
Here’s the background on the judge. He was appointed in 1998 = Clinton appointee (big surprise/s).
PROFESSIONAL BACKGROUND
ENTERED ON DUTY
October 21, 1998
* 1958-1960 U.S. Army
* 1963-1964 Law Clerk to the Honorable Michael J. Eagen,
Chief Justice, Supreme Court of Pennsylvania
* 1964-1978 Partner, Munley & Munley
* 1978-1998 Judge, Court of Common Pleas, Lackawanna County,
Pennsylvania
SELECTED PROFESSIONAL ORGANIZATIONS
* Member, Pennsylvania Bar Association
* Former Chairman, PA Judicial Inquiry and Review Board
* Former President, Executive Board, Forest Lakes Council,
Boy Scouts of America
* Board of Directors, Lawyers Concerned for Lawyers
* Lackawanna Bar Association’s Young Intern Committee
* Former Member, Pennsylvania Board of Law Examiners
EDUCATION
* B.S., 1958, University of Scranton
* LL.B., 1963, Temple School of Law
PERSONAL
* Born: 1936, Scranton, Pennsylvania
Rehash of prior story, I was wondering if someone with some sense had actually read the opinion yet.
“the legal team that represented several Hazleton residents who filed suit in August 2006 seeking to block the ordinance”
These were illegal aliens .....not American citizens...
American citizens did not need to file a lawsuit..they were not in Hazelton unlawfully...
Illegal aliens have no standing before our courts in such a case...it should never have been heard...
I don’t get it. They are illegal per federal law. How is the city forbidden from enacting fines on those who aid and abet criminal activity? How does this supersede or contradict federal law?
Incredibly, the judge allowed the illegal aliens in this case to sue the city anonymously, as “John Doe #1” etc.
The judge used the term “undocumented immigrants” when he himself referred to illegal aliens and when the judge mentioned the city’s characterization of them as “illegal aliens” he put the words in scare quotes.
Political correctness trumps everything.
We’re supposed to be sympathetic to illegals. They are doing work Americans aren’t doing yadda yadda yadda.
This judge did not apply the law. He made up the law. He decided that the laws regarding immigration can’t be enforced by local ordinance. In this case, the local law was in agreement with the federal laws, though we all know that federal immigration laws are not being enforced.
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