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Court strikes down most of Arizona immigration law, but leaves key provision in place (1070)
Fox News Channel (link added) ^ | 6/25/12 | Staff

Posted on 06/25/2012 7:26:29 AM PDT by pabianice

SCOTUS strikes-down 3 of 4 S1170 provisions; says immigration is under federal control. One section -- allowing police to check immigration status after legal stopes -- sent back to 9th District Court for review.


TOPICS: Breaking News; Crime/Corruption; Front Page News; Government; News/Current Events; US: Arizona
KEYWORDS: arizona; fastandfurious; illegals; immigration; lawsuit; ruling; scotus; scotusarizonalaw; scotusimmigration
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To: Terry Mross

I quite agree with you but all we have is the law and if those who are responsible for enforcing it refuse to do so then we have an Admin who rules by fiat. This will not in any way help him with the vast, VAST majority of voters in this country and will add to the urgency now growing that he must go.


281 posted on 06/25/2012 12:22:11 PM PDT by scram2
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To: txrangerette
Jay Sekulow is not spin.

Jay made this statement before Janet told Arizona cops not to call them anymore.

282 posted on 06/25/2012 12:22:54 PM PDT by itsahoot (About that Coup d'état we had in 08, anyone worried yet?)
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To: itsahoot

Yeah, Sheriff Joe and his buds ought to take out ads in the Washington Times listing the illegales they caught which Auntie Samantha refused to do anything with.


283 posted on 06/25/2012 12:23:17 PM PDT by raccoonnookkeeper (I keep raccoons in a nook!)
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To: itsahoot

“shipped out” was not the way to put it but they can be detained for an undetermined period of time while waiting for the Admin to act.

As you say the Obama people have said they simply will not enforce the law to any serious degree and if that is so they will only hurt themselves because a HUGE majority of Americans are in favor of this law.


284 posted on 06/25/2012 12:25:23 PM PDT by scram2
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To: Halls

Halls, please see updated post #233.


285 posted on 06/25/2012 12:30:29 PM PDT by txrangerette ("HOLD TO THE TRUTH...SPEAK WITHOUT FEAR." - Glenn Beck)
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To: Leep
the only option is to stop funding a corrupt Federal government. Period.

How would that work, since there is no real money to begin with. In any case they can just print money until you beg for relief. FDR would have done that if he didn’t still have more patriots in Congress, than commies, now I don't think we do.

286 posted on 06/25/2012 12:31:29 PM PDT by itsahoot (About that Coup d'état we had in 08, anyone worried yet?)
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To: Sudetenland
I believe another even farther reaching suit would be to sue the Obama Administration for selective enforcement of the law. In effect negating by fiat laws that have been enacted in accordance with the Constitution and thus demonstrating an unwillingness to perform his constitutionally assigned duties as chief law enforcement agent.

Unfortunately, the Constitution vests all executive power in the president of the United States. This means that all power to enforce the laws, to decide how to utilize the resources at the Executive branch's disposal, and to prioritize which laws are enforced using the limited amount of resources at your disposal, are solely the prerogatives of the president of the United States. The other two branches can't really tell him how to do his job, because his branch is independent of the the other two. As long as the president, breaks no laws, I don't think there is much we can do about it. You can sue for damages in court for consequences resulting from how the president enforces or does not enforce the law, but the courts power over the Executive Branch is very weak. Even if the court, did tell the president to enforce the law, he could refuse to do it.

The only remedy that there really is against a president who refuses to enforce a law passed by Congress is a political remedy not a judicial remedy--impeachment. If the president willfully refuses to uphold the laws passed by Congress without good cause, he should be impeached for willful subversion of a duly enacted law, for violation of the oath of office, for usurping Congressional power, or for whatever other crimes and misdemeanors with which Congress should seek to charge him.

Unfortunately, this is also a weak remedy because Congress never seeks to use its power of impeachment against offenders; or if it does levy charges of impeachment, conviction on the charges is virtually impossible even for obviously guilty parties, because no party votes to convict its own.

287 posted on 06/25/2012 12:33:06 PM PDT by old republic
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To: epluribus_2

Nonsense. They can be detained while information is awaited on their legal or illegal status and they can be held for an undetermined period of time.

One of the reasons for a law, any law is to make the commission of a crime in that area unpalatable. The illegals now know they may get stopped for any reason if police deem them to have committed any offense and from there have their status checked which could lead to incarceration for what could be an extended length of time.


288 posted on 06/25/2012 12:36:09 PM PDT by scram2
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To: scram2
The central premise of the law remains in effect and that is to round up and (legally) dispose of illegal aliens

Some village has been missing an idiot for nearly a month now.

Janet Napolitano just announced they would no longer accept calls from AZ cops on matters of status. Defacto Law, the best kind, since it has no appeal.

289 posted on 06/25/2012 12:39:07 PM PDT by itsahoot (About that Coup d'état we had in 08, anyone worried yet?)
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To: scram2
unless some other outside entity brings another suit on grounds different then what was just ruled on by the USSC.

I am sure LaRaza will remain silent on that issue aren't you?

290 posted on 06/25/2012 12:41:15 PM PDT by itsahoot (About that Coup d'état we had in 08, anyone worried yet?)
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To: In Maryland

The court upheld the provision allowing immigration checks and remanded to the 9th circuit NOT for an OK by them but simply for the to see the decision. As was explained to me by an atty it was a courtesy. In effect they were saying to the 9th, “we agree with your position on 3 parts of the law but disagree on the 4th part and here are our reasons for for the disagreement your information”


291 posted on 06/25/2012 12:43:03 PM PDT by scram2
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To: Terry Mross; InterceptPoint

Exactly.

I’ve had the displeasure of meeting her when she ran for Sec. of State here in AZ. She had the audacity to tell me I had to sign her petition. I did not after questioning her on some political agendas she had.

Her CCW was great, but that was only after someone was challenging her in the race for her second seat as Gov. Thank goodness The Ice Cream Lady was appointed head of Homeland Security.

Enough from me. I might froth at mouth if I mention McQueeg.


292 posted on 06/25/2012 12:43:49 PM PDT by Slip18
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To: scram2

Maybe these people could be released to the drug cartels’ “no-go zone” (which the feds ceded to the drug cartels).


293 posted on 06/25/2012 12:44:12 PM PDT by butterdezillion
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To: Sacajaweau; kevkrom; Kansas58; tatown; for-q-clinton; thouworm; Sudetenland; sam_paine; ...

Please see my updated post #233.


294 posted on 06/25/2012 12:46:23 PM PDT by txrangerette ("HOLD TO THE TRUTH...SPEAK WITHOUT FEAR." - Glenn Beck)
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To: old republic
Unfortunately, the Constitution vests all executive power in the president of the United States. This means that all power to enforce the laws, to decide how to utilize the resources at the Executive branch's disposal, and to prioritize which laws are enforced using the limited amount of resources at your disposal, are solely the prerogatives of the president of the United States. The other two branches can't really tell him how to do his job, because his branch is independent of the the other two.

How does this square with the Impoundment Control Act of 1974? That came about when Congress passed funding for certain programs, and Nixon refused to spend the money on those programs. If Congress budgets money for immigration enforcement, and the Executive refuses to enforce immigration, wouldn't that be a case of impoundment?

295 posted on 06/25/2012 12:46:52 PM PDT by kevao
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To: Uncle Chip
You can house them but not deport them. Your checks of their status will be a mere academic exercise accomplishing nothing. A predictable result of a ruling that the most conservative elements on and off of the court knew would happen.

This is where Brewer needs to deport themselves and dare Obama and the feds to stop her. THE ISSUE is the selective failure of the federal government to enforce existing law.

296 posted on 06/25/2012 12:53:11 PM PDT by Wyatt's Torch (I can explain it to you. I can't understand it for you.)
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To: scram2

“Jake Tapper of ABC had reported that Obamacare would be UPHELD - 6-3 - with Kennedy and Roberts joining the majority (Breyer, Kagan, Sotomayor, Ginsburg). The theory being that Kennedy didn’t want to be the 5th vote - as in Bush v. Gore - and Roberts didn’t want to divide the country.”

“The story you refer to is about 6 weeks old.”
_________________

I would hope that it is, because then it would qualify as an attempted manipulation of Justice Kennedy & CJ Roberts. However, my husband was watching Jake Tapper on Imus this morning (6/25). Didn’t see it, so I don’t know if it was live, but it’s still a current prediction. And today’s ruling did nothing to diminish the analysis.


297 posted on 06/25/2012 12:53:20 PM PDT by Belle22
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To: ZULU
But I wouldn’t be so quick to judge here. There are analyses indicating that the actual decision was far from a victory for Obama.

Yes there are, but there will be wailing an knashing of teeth when the full truth is known. Janet Napalotino has already issued a statement that they would no longer cooperate with AZ law enforcement. Essentially saying don't call us with your petty illegal issues.

I have always thought that the Court might rule the mandate out, but that they would leave the rest in place and offer an opportunity to pass the mandate cost on to the States. Now I think the whole thing will stand.

298 posted on 06/25/2012 12:59:19 PM PDT by itsahoot (About that Coup d'état we had in 08, anyone worried yet?)
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To: socialism_stinX
The conservative justices are very smart guys, all five of them. I think they were wise enough to look ahead at the damage this AZ law could do to the GOP & conservatism because of the liberal media coverage of the enforcement of these state immigration laws.

That would make them feckless and unfit.

299 posted on 06/25/2012 1:00:51 PM PDT by itsahoot (About that Coup d'état we had in 08, anyone worried yet?)
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To: kevao
and the Executive refuses to enforce immigration, wouldn't that be a case of impoundment?

That just proves that the court is totally political, not to mention corrupt.

300 posted on 06/25/2012 1:08:52 PM PDT by itsahoot (About that Coup d'état we had in 08, anyone worried yet?)
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