Judicial Watch filed a new brief on behalf of Arizona asking the 9th Circuit to reverse the injunction granted by U.S. District Judge Susan Bolton.
According to the new brief: “Even though the Arizona Legislature has done nothing more than enact a series of law enforcement provisions under its well-recognized police powers to protect its citizens from serious public safety concerns, the district court has denied Arizona law enforcement officers the opportunity to reasonably interpret and apply the provisions in a constitutionally valid manner.”
On July 28, 2010, pursuant to a lawsuit filed by the Obama administration, a federal court put a hold on four of SB 1070’s key provisions until such time as the court determines that they are constitutionally sound. Judicial Watch addressed the legality of all four provisions in its appellant brief.
State Senator Pearce:
…I hope the appeals court allows our state to enforce the rule of law because the Obama administration doesn’t seem to care one whit for the safety of the citizens of Arizona. SB 1070 simply reflects federal immigration law. This Obama team doesn’t want immigration laws enforced — but that doesn’t mean that Arizona can’t take common sense steps to protect its own citizens.
I’m not holding my breath that the worst appeals court in the land will see it the same way. Supreme Court here we come.
See author page
Since when did this administration give a f@ck about decisions being ” constitutionally sound?” Oh that’s right, only if it suites their needs.
Eric Holder improperly filed this case in the district court. It should be before the Supreme Court which has original jurisdiction in Article III cases in which a State is a party. Here’s an excellent explanation of this constitutional mandate:
ONLY the US Supreme Court has Constitutional Authority to Conduct the Trial of the Case Against Arizona & Governor Brewer.
and more here:
The Trial of The Lawsuit Against The State of Arizona: Must Supreme Court Judges Obey The Constitution?
So much for the Pretender in Chief and his Clown Atty General Holder’s knowledge of the 10th Amendment and their meddling in All Things Constitutional. Let it go to SCOTUS and see where it ends up.
BTW, in my opinion the US 9th Circuit should be discarded to save a few tax payer bucks. Let those
idiots find a way to make an honest living. Legislating from the bench is not a legitimate judicial duty.
You have that right Old Trooper 2. The 9th Circus needs a thorough cleaning.
“The 9th Circuit also has a long-running streak as the most overturned, which went unbroken this year. The Supreme Court reviewed 22 cases from the 9th Circuit last term, and it reversed or vacated 19 times. By comparison, the Supreme Court reviewed only five cases, vacating or reversing four, from the next-busiest court of appeals, the 5th Circuit based in New Orleans.
In other words, although the 9th Circuit decided only one-third more appeals on the merits than the 5th Circuit, it was reversed nearly five times more often.” Los Angeles Times 2007
We must understand in the context of immigration, the bolton decission was illegaly ordered by a court that had no jursidiction on the matter in the first place, thus making the order to stand down by order of this current regine, illegal. But since when has this mattered to the racist holder, the supposed top cop in the Nation. It matters not to thugs how by which the decission is made, rather can it benefit the regine, illegal or not, in the end. It appears one Rep. Congress person seems to think this to be the case when it was let out the pretender-n-theif is argueing that the R party will not have any incentive to resolve the immigration issue if the Courts stand with the tenth and provide an avenue to their rights when enforcing the laws of the State.
No one should be suprised at the current goings on with this regime, they are largely illegal, all of their dictates. These are not the laws of this Nation but, only dictates with the power of the presidency behind them. The top cop showed his true colors when he illegaly turned loose terrorist while still serving as the second in command at the DOJ during the klinton admin. under command of the she-man
The issue of immigration will come to a head only when there comes one day when a party member’s relative, or the member, is killed by one of the invaders. Watch how carefully the law is understood then.
Good reporting.
Throw this additional meddling into the mix.
Justice Department Gives Second Ultimatum in Sheriff Arpaio Investigation
http://blogs.abcnews.com/politicalpunch/2010/08/justice-department-gives-second-ultimatum-in-sheriff-arpaio-investigation.html
The asshattery has no bounds under the current regime.
Ah well…might as well make lemonade…
http://directorblue.blogspot.com/2010/08/how-to-instantly-escape-any-traffic.html
Add this huge bit of Meddling as well.
Brewer blasts Obama over submission to UN specifying AZ immigration law
http://hotair.com/archives/2010/08/28/brewer-blasts-obama-over-submission-to-un-specifying-az-immigration-law/
Arizona Governor Jan Brewer angrily demanded yesterday that the White House withdraw their report to the UN Human Rights Council that singled out Arizona’s law as a cause for concern about the American track record on human rights. Calling such a reference “downright offensive” in her letter to Hillary Clinton, Brewer also called the entire report “internationalism run amuck”:
Arizona Gov. Jan Brewer demanded Friday that a reference to the state’s controversial immigration law be removed from a State Department report to the United Nations’ human rights commissioner.
The U.S. included its legal challenge to the law on a list of ways the federal government is protecting human rights.
In a letter to Secretary of State Hillary Clinton, Brewer says it is “downright offensive” that a state law would be included in the report, which was drafted as part of a UN review of human rights in all member nations every four years.
“The idea of our own American government submitting the duly enacted laws of a state of the United States to ‘review’ by the United Nations is internationalism run amok and unconstitutional,” Brewer wrote.
Not only is it internationalism run amuck, it’s both ridiculous and hypocritical at the same time. We submitted the report to the HRC out of some idiotic notion of equality with all nations, which might make sense if the HRC was comprised of free nations that allow their citizens to fully participate and freely speak in their politics. The members of the council to which the Obama administration submitted that letter include Egypt, Saudi Arabia, Cuba, China, and other paragons of human rights. Apparently, Kim Jong-Il and the DPRK were too busy to get named to the council.
The Obama administration has opposed the Arizona bill, but not even Eric Holder could make a legal case that it violated human rights. Instead, the DoJ attacked it on federal supremacy in immigration affairs, essentially a technicality, by claiming that Arizona had tried to pre-empt federal immigration-control efforts. If the Obama administration really believed that this is a human-rights “concern,” then why didn’t they bother to make that claim in federal court? Instead, Obama and Clinton just decided to use it as a cheap moral-relativist point in their new version of an apology tour.
The entire submission should be withdrawn, and the Obama administration should apologize to the people of Arizona for the insult.
*******************************************************
Since when does the UN decide on US 10th Amendment Constitutional issues?
I reckon since the first Affirmative Action Regime neither respects or understands
the US Constitution or the Legal Processes involved. Not only is the Current Regime
Economically Illiterate but Constitutionally Illiterate as well.
@Old Trooper
Thinking people realize that Obama is playing politics with the AZ law, from the lawsuit to the UN report. I find it utterly amazing that liberals/progressives are so blinded by their adoration, that they cannot see the actions of this WH for what they are.
@ johngalt, The Constitutional Role as defined by the Constitution for the Three Branches of Federal Government are both clearly defined and beyond the license that the Members seem want to observe or to grasp. Especially the Judicial Branch.
The Commerce Clause, “For the Common Good” and others have been Politically abused by those
that have been working outside the scope of their employment and gained political power through the abuse of their Office and the Public Trust. The “Enumerated Powers” have limits that have been exceeded over the years by several Regimes.
I see a time in the not too far off horizon when a “back to basics” approach must be utilized before
things get out of hand. The Feds have limits and the States have obligatory authorities that must be recognized as defined by Law. It is the job of the Judiciary to recognize those limits regardless of which political entity is in the WH or in the Majority. We do not need activist Judges or an Atty General with a political agenda to meddle with the Economy or Private Enterprise or the Rights and Authority of the Individual States to Govern their States.
Fed.Gov has Responsibilities, none of which involve meddling or intrusion into the States Authority.
Otherwise things will get very ugly.