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Judge rules law key to sanctuary cities crackdown is unconstitutional
The Hill ^ | 07/27/18 | Aris Folley

Posted on 07/27/2018 7:03:05 PM PDT by yesthatjallen

A judge on Friday declared a law the Trump administration has relied heavily on in many of its lawsuits against so-called sanctuary cities as unconstitutional.

In a 58-page opinion, Judge Harry Leinenweber rebuked Attorney General Jeff Sessions and the Trump administration’s efforts taken to penalize sanctuary cities, CNN reported.

Leinenweber moved to strike down the underlying law, known as Section 1373, which mandates that local governments share the immigration status of individuals with the federal government.

The ruling from Leinenweber, an appointee of former President Reagan, currently only applies to Chicago, though the judge reportedly said he intends for the ruling to be applied across the country.

Leinenweber previously issued a ruling temporarily blocking immigration-related conditions that the administration had imposed on federal law enforcement grants in an effort to penalize sanctuary cities, a ruling an appellate court upheld.

The judge has now made his initial ruling on the grant conditions permanent and is taking aim at the underlying law the administration has depended on in its sanctuary city lawsuits, CNN reported.

Leinenweber cited a recent Supreme Court ruling legalizing state gambling laws in his opinion Friday as justification for declaring as unconstitutional the underlying law used in the sanctuary city legal battles.

The Supreme Court ruling in question found that the federal government could not prohibit states from passing laws they choose, which Leinenweber also noted in his opinion arrived between the time he had considered the case preliminarily and now.


TOPICS: News/Current Events
KEYWORDS: immigration; sanctuarycities
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To: yesthatjallen

That will not stand > IMO.


21 posted on 07/27/2018 7:25:57 PM PDT by DoughtyOne (01/26/18 DJIA 30 stocks $26,616.71 48.794% > open 11/07/16 215.71 from 50% increase 1.2183 yrs)
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To: yesthatjallen

SC will uphold the law.


22 posted on 07/27/2018 7:29:18 PM PDT by fortheDeclaration
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To: yesthatjallen
Image result for Judge Harry Leinenweber

A Ronald Reagan appointee.

23 posted on 07/27/2018 7:35:31 PM PDT by Robert DeLong
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To: Moonman62

He is still wrong, as the Constitution explicitly gives immigration issues to the Federal government & in particular Congress. Therefore, the states do not have the right to pass their own laws regarding immigration.


24 posted on 07/27/2018 7:40:09 PM PDT by Robert DeLong
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To: yesthatjallen
Leinenweber cited a recent Supreme Court ruling legalizing state gambling laws in his opinion Friday as justification for declaring as unconstitutional the underlying law used in the sanctuary city legal battles.

WTF is wrong with these a-hole black robed tyrants! What does that asinine statement even mean and its relevance?

25 posted on 07/27/2018 7:41:11 PM PDT by shanover (...To disarm the people is the best and most effectual way to enslave them.-S.Adams)
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To: Robert DeLong

Correct, but states don’t have to help enforce federal law.


26 posted on 07/27/2018 8:00:24 PM PDT by Moonman62 (Give a man a fish and he'll be a Democrat. Teach a man to fish and he'll be a responsible citizen.)
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To: JoSixChip

“Fine, stop all federal grants to all law enforcement agencies.”

I don’t think that will work. It will just wind up before another judge.


27 posted on 07/27/2018 8:03:11 PM PDT by D_Idaho ("For we wrestle not against flesh and blood...")
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To: Robert DeLong

A TOTAL FREAK JUDGE


28 posted on 07/27/2018 8:06:05 PM PDT by magna carta
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To: yesthatjallen

These judges are ruling from the bench. They are left wing activists.


29 posted on 07/27/2018 8:08:17 PM PDT by Pinkbell
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To: Pinkbell

The states can make their own laws....UNLESS the law overrides Federal laws. I’d like to see the law allowing the states to develop their own immigration laws.


30 posted on 07/27/2018 8:38:59 PM PDT by PrairieLady2
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To: madison10

Laws have become meaningless


31 posted on 07/27/2018 8:40:12 PM PDT by D Rider
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To: Moonman62

Federal grants are not a state’s rights issue. The fact that Reagan appointed this douchebag doesn’t mean anything either. Reagan was not some gallant defender of state’s rights, he trampled them when he felt like it. Reagan signed the National Minimum Drinking Age Act in 1984 and forced states to comply by threatening to withhold federal highway money. Am I to understand that the minimum drinking age a state sets is not a state’s rights issue but the right to receive Federal LE grants is? That does not sound right to me. Perhaps this is just an issue this illegal alien loving tyrant felt like ruling on? That seems more likely to me.


32 posted on 07/27/2018 8:40:49 PM PDT by jospehm20
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To: yesthatjallen

Activist turd lefty judges!


33 posted on 07/27/2018 8:53:18 PM PDT by vpintheak (Freedom is not equality; and equality is not freedom!)
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To: vpintheak

Check who cuts his lawn. If illegal arrest them both.


34 posted on 07/27/2018 9:07:18 PM PDT by Mouton (The media is the enemy of the people.)
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To: yesthatjallen
Leinenweber moved to strike down the underlying law, known as Section 1373, which mandates that local governments share the immigration status of individuals with the federal government.

How does this square with Article IV Section 1:

Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

This judge cannot declare the Constitution unconstitutional.

-PJ

35 posted on 07/27/2018 9:11:13 PM PDT by Political Junkie Too (The 1st Amendment gives the People the right to a free press, not CNN the right to the 1st question.)
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To: yesthatjallen

It is absolutely constitutional when the CONSTITUTION ITSELF says the federal government has ultimate authority over enforcing immigration laws.

States are duty and honor bound to work with the federal law enforcement agencies. Unless, y’know, they want to secede.

But fine - that means states, like Arizona, can enforce their own immigration laws that the feds won’t (which other fed judges said was unconstitutional)


36 posted on 07/27/2018 9:55:38 PM PDT by Skywise
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To: yesthatjallen

Check his bank account for bribes and his bed for dead horse’s asses.


37 posted on 07/27/2018 11:02:54 PM PDT by grey_whiskers (The opinions are solely those of the author and are subject to change without notice.)
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To: Robert DeLong
Something wonky with his eyes in that photo.

I wonder if he enjoys Pizza and Hot Dogs?

38 posted on 07/27/2018 11:05:18 PM PDT by grey_whiskers (The opinions are solely those of the author and are subject to change without notice.)
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To: yesthatjallen

I always find it amazing how these guys can invent these multi page documents to justify their perverse opinions and violate the very laws they SWORE to uphold. These evil MIB always love to violate the separation of powers to usurp Republican Presidents and being activist judges by invenoting new laws out of thin air.


39 posted on 07/27/2018 11:22:34 PM PDT by prophetic (Trump is today's DANIEL. Shut the mouth of lions Lord, let his enemies be made the Cat Food instead.)
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To: yesthatjallen

This is the real obstruction of justice crime that is ongoing.


40 posted on 07/28/2018 12:47:07 AM PDT by unlearner (A war is coming.)
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