Judicial Activism in Arizona

Center for Immigration Studies ^ | July 28, 2010 | James R. Edwards

[T.L.Sink]

The legal injunction that blocks key parts of Arizona's enforcement statute from taking effect doesn't pass the smell test. The ruling reeks of politics, not jurisprudence - in other words, judicial activism. The four stricken provisions mirror federal laws, so it's ridiculous for the Justice Department and the Clinton-appointed judge to to claim Arizona creates its own immigration policy. No, the embattled state crafted corresponding laws. And even if the barred measures did go further than federal law, so what? Ever heard of the Tenth Amendment?

[T.L.Sink]

Arizona 1070 completely conforms to the federal immigration laws that Obama and his colleagues refuse to enforce. But it's an all too familiar story: An unelected federal judge arbitrarily chooses to make law according to her personal ideological biases rather than be a strict constructionist and make a ruling on the merits of the law as written. It's just one more example of the "Imperial Judiciary." Meanwhile, citizens of Arizona are subjected to ever-higher taxes and life-threatening situations due to bankrupt public school districts, insolvent hospitals, social welfare costs, prison incarcerations, and the ravages of the drug cartel. But who cares about any of that if Obama and the Left can get the Hispanic vote?

[Man50D]

Governor Brewer should enforce SB1070 despite the ruling. Applying SB1070 by ignoring the ruling will merely uphold federal immigration laws the socialists/marxists in the executive and judicial branches refuse to obey in order to destroy our democratic republic and the Constitution.

[Huebolt]

Can some legal eagle out there explain to an electrical engineer how SELECTIVE ENFORCEMENT OF THE LAW is not immediately attacked or at least used as a perfect defense????

If legal immigrants are forced under penalty of LAW to carry all the ID and visas and green cards etc. but ILLEGAL MEXICAN INVADERS are not, it seems there is NO EQUAL PROTECTION UNDER THE LAW as is required by the Constitution!

[Bigh4u2]

I’m sorry if I seem to be beating a dead horse,but,...

This judge has no CONSTITUTIONAL AUTHORITY to even hear this case.

States can be sued by the Federal government, but only SCOTUS can hear and rule on the cases.

AZ should just ignore the judge and her rulings.

http://canadafreepress.com/index.php/article/25983

[yoe]

Governor Brewer is one courageous lady and she has the support of A-M-E-R-I-C-A-N-S of all races. The Obama target is becoming much more clear....his efforts to overthrow all things constitutional and legal to suit his agenda show him to be not only a Marxist but a tyrannical one, also with his own Union Army bought and paid for.

Get MAD America, you've been had!

[Red_Devil 232]

I don't think this Fed. Judge had jurisdiction and like you say the ruling should be ignored!

U.S. Constitution - Article 3 Section 2

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

[GitmoSailor]

........AZ now has OPEN BORDER ......No I.D. needed ?........

[T.L.Sink]

I’m not a legal eagle, nor are most Americans, but I think we have some common sense. It’s as clear as can be that between a far-left presidency and an out-of-control liberal federal judiciary the law becomes no more than their misinterpretations make it. For example, you mentioned the “equal protection” clause of the Fourteenth Amendment. Nothing makes it more clear than that that affirmative action (racial discrimination) is unconstitutional. But do they give a damn? No, onward with the agenda and to hell with the law!

[T.L.Sink]

Things are so out-of-control in AZ that even John McCain realizes it now. We went through the amnesty crap in 1986 with Reagan but it only made a bad situation worse because border security was NOT enforced and the result was MORE illegals! The present situation, to quote Yogi, is “deja vu all over again.”

[T.L.Sink]

I think the day of reckoning will come next November!

[T.L.Sink]

You guys may be right about that but maybe Brewer thinks it’s more pragmatic and less inflammatory to go thru the appeals process to get to the Supreme Court. If so, I think she has a point. The open-borders crowd would have field day if she refused to comply right now.

[PUGACHEV]

So far as I can tell, the judge based her decision of suppositions, rather than facts. The judge supposed that checking a detainee's immigration status would burden the federal system, amd delay the release of innocent parties. But, since no evidence was apparently taken, the conclusions she drew to support her decision really amount to an abuse of discression, and transparent judicial activism at its worst.

[Man50D]

You guys may be right about that but maybe Brewer thinks it’s more pragmatic and less inflammatory to go thru the appeals process to get to the Supreme Court.

There is nothing pragmatic by allowing socialists/marxists that much more time of granting amnesty to illegals so they can be come voters thereby ensuring socialists/marxists permanent power.

The open-borders crowd would have field day if she refused to comply right now.

The socialists/marxists will do that as an intimidation tactic regardless of Brewer's response. Brewer is complying. Its' the socialist's/marxists who refuse to comply. They have no intention of playing by the rules. They are using the branches of government to destroy the country. These points need to be stressed.

[upchuck]

I was amazed when I first read that CFP article. But then I got to thinking... the AZ attorneys are no doubt a bright bunch. Surely they know about the parts of the law cited in that article. I wonder why they didn’t use that in their defense? I suspect there’s a very good reason and I’d like to know why.

[Publius6961]

Center for Immigration Studies = Illegal Immigration enabler research progressives

'Nuff said...

[Congressman Billybob]

Do you, or any other reader, have a link to the full text of the decision by Judge Bolton? I've read a dozen articles about the decision. I'd like to write my column this week on the decision.

But there is this one problem. To do my job competently I have to READ the decision. I know, I know. That's not necessary in the Obama Administration, or in the current Department of (In)Justice. But we have higher standards here at FreeRepublic.

Cordially,

John / Billybob

[Publius6961]

Be careful; be very careful.

This site is a 'Rat trap to infect your computer :

daynewz.myip.org

We're looking...

[Publius6961]

Will this do?

Bolton's Ruling

See also this page.

Bolton Ruling info and links

[Mr Rogers]

You are beating a dead horse incorrectly. The Constitution does NOT require this case go immediately to the Supreme Court.

[HiJinx]

Ping!