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DOJ Lawyers Draft Challenge to AZ Law
Foxnews ^ | 5/25/2010 | Mike Levine

Posted on 05/25/2010 6:35:33 PM PDT by Blood of Tyrants

A team of Justice Department attorneys reviewing the new immigration law in Arizona has recommended that the U.S. government challenge the state law in federal court, but the recommendation faces an uncertain future and tough scrutiny from others in the Justice Department, sources with knowledge of the process tell Fox News.

Staff attorneys within the Justice Department recently sent higher-ups the recommendation. At the same time, the Justice Department's Civil Division, which oversees the majority of immigration enforcement issues for the department, has drafted a "civil complaint" that would be filed in federal court in Arizona, sources said.

The draft complaint challenges the Arizona law as unconstitutional, saying it is illegal because it impedes federal law, according to the sources, who would not offer any more details about the draft complaint or the arguments made in it.

Two weeks ago, Attorney General Eric Holder told lawmakers such an issue was being considered by Justice Department lawyers reviewing the new law, which outlines and possibly broadens the authority of police to detain those suspected of being in the country illegally.

(Excerpt) Read more at liveshots.blogs.foxnews.com ...


TOPICS: Breaking News; Crime/Corruption; Government; News/Current Events; US: Arizona
KEYWORDS: aliens; arizona; arrogance; bhodoj; bhofascism; bulgersdoj; democrats; dnc4bombers; dnc4criminals; dnc4illegals; doj4alqaeda; doj4criminals; doj4illegals; doj4invaders; doj4islam; doj4terrorists; doj4treason; dojservestheenemy; dojundertreason; dojvsallamericans; dojvsamerica; donttreadonme; holder; holder4alqaeda; holder4criminals; holder4illegals; holder4invaders; holder4islam; holder4terrorists; holdervsallamericans; holdervsamerica; illegalimmigration; immigrantlist; liberalfascism; obama; obama4alqaeda; obama4criminals; obama4illegals; obama4invaders; obama4islam; obama4terrorists; obamavsallamericans; obamavsamerica; standwitharizona; treason; tyranny
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To: redgolum
> You know what is funny? Many states have more strict environmental laws than the EPA mandates. If this works, would a company be able to file a similar suit against the state law?

I wonder what will happen with legalized abortion and civil rights too.

121 posted on 05/26/2010 1:17:36 AM PDT by ArcadeQuarters (Stuck with a local RINO? Donate $$$ to a different district.)
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To: Responsibility2nd

He’s sending troops to Arizona? Please informing me on what you mean by that....link anything would be nice.


122 posted on 05/26/2010 1:20:46 AM PDT by Rick_Michael (Have no fear "President Government" is here)
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To: Cyropaedia

thanks...good reference and something to read.


123 posted on 05/26/2010 1:24:56 AM PDT by Rick_Michael (Have no fear "President Government" is here)
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To: Blood of Tyrants

Go for it DOJ

let’s see what happens ...


124 posted on 05/26/2010 2:01:32 AM PDT by DontTreadOnMe2009 (So stop treading on me already!)
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To: ARepublicanForAllReasons

LOL! And here I thought it was a name like “Cooper” or “Wheeler.”

The old Norse had it right; they had two words for lawyer. A legal expert was a “lawspeaker” and a lawyer to argue a case was a “lawtwister.”


125 posted on 05/26/2010 4:01:03 AM PDT by Ostlandr ( CONUS SITREP is foxtrot uniform bravo alfa romeo)
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To: Blood of Tyrants

If it goes to the SCOTUS, we will get a 5 to 4 decision. One day we must fix that. It should be 7 to 2.

LLS


126 posted on 05/26/2010 4:13:04 AM PDT by LibLieSlayer ( WOLVERINES!)
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To: Herbster
Don't know if November can come fast enough. Even then, as long as the nazi in the WH has his cronies in place in the Justice Department, he can still try and circumvent the courts and congress.

Only a total house cleaning, from the top on down, will eliminate this from happening. I hope he's impeached, and soon, cuz of the bride to Sestak.

127 posted on 05/26/2010 4:14:50 AM PDT by ducttape45
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To: Blood of Tyrants

They must be worried about their boss. Could he be arrested under this law?


128 posted on 05/26/2010 4:43:13 AM PDT by BykrBayb (Somewhere, my flower is there. ~ Þ)
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To: Blood of Tyrants
They REFUSE to enforce the law and they want to prevent anyone else from doing it!

There is no Constitutional law for them TO enforce inside the boundaries of a State.

The power of naturalization, and not that of denization, being delegated to congress, and the power of denization not being prohibited to the states by the constitution, that power ought not to be considered as given to congress, but, on the contrary, as being reserved to the states.
George Tucker

'Denizens' are people in a State that are not citizens....this include ILLEGALS, and these people are under the jurisdiction of the State in which they reside, NOT the jurisdiction of the federal government.

129 posted on 05/26/2010 4:54:01 AM PDT by MamaTexan (Dear GOP - "We Suck Less" is ~NOT~ a campaign platform)
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To: Blood of Tyrants

they’re just drafting the papers of Federal Irrelevence...

which precedes The United States Federal Defunding initiatives....


130 posted on 05/26/2010 4:55:59 AM PDT by mo
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To: Blood of Tyrants

My solution to Arizona’s problem is to take all the illegals in buses to New Mexico and drop them off at the Governor’s mansion.


131 posted on 05/26/2010 4:58:10 AM PDT by RadiationRomeo (Step into my mind and glimpse the madness that is me)
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To: Travis McGee

Maybe you could come to Chicago and tutor Mayor Daley?

It is written in plain English, but government schools have a natural incentive to create permanent juveniles.

Leave it to us “adults” (Liberals) to rule.

The most recent teachers themselves are dumbed down students. Have you seen water as it spins down a drain?


132 posted on 05/26/2010 5:10:04 AM PDT by 1010RD (First Do No Harm)
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To: Blood of Tyrants
The feds own the states...and sadly, the states have allowed for it as they have 1 hand in our pockets for $ & the other outstretched to Obama for $.

And, as if it weren't enough, Obama owns the judiciary too.

133 posted on 05/26/2010 5:21:47 AM PDT by anniegetyourgun
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To: Jane Long
Wow, that’s alot of competition in a primary. What’s the deal? Seems like she’d be able to leave ‘em all in the dust after her enforcing the law “cajones”.

Latest numbers that I saw had her up over her next closest rival by about 10 points.

AND the AG is an open seat with what looks like a good Republican running in the race. So, maybe Brewer keep the Gov spot AND the Republicans pick up the AG seat as well!!!
134 posted on 05/26/2010 5:39:18 AM PDT by Eagle of Liberty (I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve - STUPAK)
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To: NoLibZone

Beat me to it lol


135 posted on 05/26/2010 6:07:17 AM PDT by ConservativeMan55
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To: redgolum

That’s why they’re sending troops. They’ll say they are enforcing the law. Gawd, I hate this game.


136 posted on 05/26/2010 6:11:42 AM PDT by vortec94
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To: Rick_Michael
 


137 posted on 05/26/2010 6:42:28 AM PDT by Responsibility2nd (PALIN/MCCAIN IN 2012 - barf alert? sarc tag? -- can't decide)
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To: Blood of Tyrants

The federal judge in the Detroit area released the suspects from custody in the white supremacist case a couple of weeks ago for lack of evidence. I don’t think these genius’ are going to do any better this time around. It will be fun to watch though.


138 posted on 05/26/2010 7:07:17 AM PDT by Thebaddog (Shakey Jake said, " The hippies will never survive!")
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To: RadiationRomeo

Or send them to Los Angeles.


139 posted on 05/26/2010 8:51:29 AM PDT by Blood of Tyrants (The US will not die with a whimper. It will die with thundering applause from the left.)
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To: Blood of Tyrants

“Secession time. “

If they don’t care about the southern borders why should they care if some states decide to re-define their own borders????

The trick is to convince the fools on the coasts that they can get their socialist utopia easier if they kick out “all of those teabagging redneck hicks” who live in the heartland.


140 posted on 05/26/2010 8:51:30 AM PDT by GraceG
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