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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: sabe@q.com

By that logic the state should not enforce any federal
laws including drugs, firearms, EPA regulations,
minimum wage...I could go on.


21 posted on 05/25/2010 6:52:17 PM PDT by Myrddin
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To: KoRn
Judges can declare that the sky is green and down is up.

But we don't need judges to be able to read and understand the words of the Constitution.

And we know what it says in Article 4 Section 4 about protecting the states from invasion.

Of course, it gets sticky when you have a class of marxist traitor moles in the highest places, to tell us mere peasants that the sky is green, etc.

22 posted on 05/25/2010 6:54:00 PM PDT by Travis McGee (---www.EnemiesForeignAndDomestic.com---)
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To: Blood of Tyrants
They expect the very worst of Arizona's finest ... What no union reps there ?

Then assume the illegals intentions are pure as driven snow

this is DCs answer to the social security money that has been pissed away

23 posted on 05/25/2010 6:54:04 PM PDT by daku
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To: Myrddin

It’ll be interesting


24 posted on 05/25/2010 6:54:44 PM PDT by marajade (Yes, I'm a SW freak!)
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To: FlingWingFlyer
"Treason doth never prosper, what's the reason? Why if it prosper, none dare call it treason."

We have been betrayed.

25 posted on 05/25/2010 6:55:15 PM PDT by Travis McGee (---www.EnemiesForeignAndDomestic.com---)
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To: Blood of Tyrants

No, no. This is great news. We cannot lose. If the Admin takes this to court and they win, we still have an issue and a failure on Obama’s part to address it.

If they lose then we’ve reinforced state’s rights to intercede where the Feds fail.

This will be a great issue to carry into November. It doesn’t matter what polls of all adults say, just likely voters and they overwhelmingly support AZ’s law.


26 posted on 05/25/2010 6:55:22 PM PDT by 1010RD (First Do No Harm)
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To: Blood of Tyrants

Fences


27 posted on 05/25/2010 6:55:39 PM PDT by FrankR (Standing against tyranny must start somewhere, or the future belongs to the tyrants.)
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To: Blood of Tyrants

I wonder if they have read it yet?


28 posted on 05/25/2010 6:57:59 PM PDT by Michael.SF. (Even Hitler had Government run health care, but at least he got the Olympics for Germany)
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To: pissant

There is no possibility to restore the federal government to its constitutional limits when the liberals have absolutely no interest in doing so.


29 posted on 05/25/2010 6:59:42 PM 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: Travis McGee

So they probably haven’t read the Arizona law....or the US law. So they will fight their case...likely to the level of the Supreme Court....and have Supreme Court Justices ask them how you can fight one but not the other? I’m guessing that the Arizona governor has a Barney-like puppet ready to toss into the Supreme Court meeting and turn the whole event into a five-star circus.


30 posted on 05/25/2010 7:00:11 PM PDT by pepsionice
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To: Blood of Tyrants

They’d better plan on arresting about 6.5 million people then, because if the court says the states can’t take care of it, then it’s reserved to the people and WE will take care of it.


31 posted on 05/25/2010 7:00:25 PM PDT by McGavin999 (Illegal is not a race, it is a crime)
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To: Blood of Tyrants

If the world didn’t think Americans were stupid before, they are bound to now.


32 posted on 05/25/2010 7:00:28 PM PDT by Califreak (A man is defined by the nature of his enemies-Preach it Rush!)
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To: Blood of Tyrants

Or for that matter, most Republicans


33 posted on 05/25/2010 7:01:32 PM PDT by pissant (THE Conservative party: www.falconparty.com)
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To: Blood of Tyrants

They’ll lose.


34 posted on 05/25/2010 7:01:51 PM PDT by b4its2late (Why does a slight tax increase cost you $200 and a substantial tax cut save you 30 cents?)
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To: Blood of Tyrants

These SOB’s have no idea the fire they’re playing with.


35 posted on 05/25/2010 7:02:41 PM PDT by poindexter
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To: Blood of Tyrants

Secession time.

_____________________________

Obama knows this. Why else is he sending NG troops to AZ?

To keep those Mexicans from crossing?

Hahahahahaha!

(Boy, I kill me!)


36 posted on 05/25/2010 7:02:42 PM PDT by Responsibility2nd (PALIN/MCCAIN IN 2012 - barf alert? sarc tag? -- can't decide)
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To: Parley Baer

They would also be arguing that a state law against bank robbery would be void for the same reason.


37 posted on 05/25/2010 7:03:29 PM 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: Travis McGee

BTT.


38 posted on 05/25/2010 7:04:04 PM PDT by ChinaThreat (3)
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To: Travis McGee
Take a look at The People Themselves: Popular Constitutionalism and Judicial Review by Larry Kramer.

Prof. Kramer postulates that the people themselves hold the right to judicial review and recognizing what is and is not Constitutional.

Like math and science Americans have been trained to view the law and especially the Constitution as the sole purview of lawyers and intellectuals.

(BTW I don't agree with Kramer across the board)

39 posted on 05/25/2010 7:04:11 PM PDT by 1010RD (First Do No Harm)
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To: Blood of Tyrants

Considering that it is a toned down version of a Federal law that is on the books, can’t wait to see the outcome of this one.


40 posted on 05/25/2010 7:04:34 PM PDT by doc1019 (Rush, Beck and others are giving us the dots; it is up to us to connect them.)
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