Judge Grants Preliminary Injunction Against Arizona Immigration Statute

Pajamas Media ^ | July 29, 2010 | Dan Miller

[DanMiller]

King Solomon, who offered to cut a baby in half to resolve a dispute between two women over its custody, might be proud of U.S. District Judge Bolton's ruling on Wednesday, but I rather doubt it.

The doctrine of federal preemption, like overly expansive interpretations of the Commerce Clause under the reign of Good President Roosevelt II, has been taken too far. Judge Susan Bolton’s decision on Wednesday is just one more step along the path to total federal dominance over all aspects of life in the United States.

Rather than issue a preliminary injunction to prevent the Arizona immigration law from going into effect as scheduled, Judge Bolton should have dismissed the federal government’s action and based a later decision on the effects of the law as applied. Should the Arizona law be wrongly applied, in a constitutionally inappropriate manner, as Attorney General Holder and President Obama earlier opined it would be without bothering to read it, she could and should take action.

[ButThreeLeftsDo]

http://www.freerepublic.com/focus/f-news/2560504/posts

[Silentgypsy]

DH, who is an attorney, interpreted the decision differently. Said she left the teeth in it. I guess you have to actually read the ruling and be aware of the implications.

[Steamburg]

DH isn’t alone. There is considerable meat left in Arizona’s argument and quite nothing other than fear of riots in the Administration’s bag of lies. It seems quite clear that the Administration is as good at reading the ruling as they were at reading the law. This is shaping up into a real question about whether we have citizens or subjects. It’s high time push came to shove.

[Vaduz]

Wonder if Judge Susan Bolton received word from Obama that she would be put on the next supreme court list?.

[wmileo]

I was listening to Michael Savage last night. He suggests that the OBAMA regime wants those who don't like the judge's decision to commit violence so that they can declare martial law.

I don't always agree with Mr. Savage but he has a point here.

The Democrats want to make us all out to be blood thirsty racists in preparation for the November general election(assuming there is one).

[BlessedBeGod]

FReeper mindbender26's analysis:

AZ Judge's Ruling Not Nearly As Bad As Feared

[wmileo]

"Wonder if Judge Susan Bolton received word from Obama that she would be put on the next supreme court list?."

You can thank Senator KYL of Arizona. He recommended this judge to the Clinton Administration for her current judicial position. I don't know what role Senator McCain played in her confirmation.

[McGavin999]

It’s time we get Kyl out of there. I was watching him today on FOX and he’s got that whole DC attitude. He’s been away from the people too long, time to send him home.

[Silentgypsy]

Concur. It’s frustrating to them that they can’t provoke violence. Martial law is the goal.

[Vaduz]

I’m sure McNuts his figers in the mess.

[DanMiller]

I too am an attorney, and I did read the decision, including the footnotes. The pre-existing Arizona statute had not been challenged by the DOJ and was not before the court for review. The judge did not say it was OK.

While Arizona law enforcement officials may retain discretion to check immigration status under the preexisting law, doing so pursuant to a uniform state law, with strict conditions as to when and how to do it, is far less likely to produce complaints of unlawful profiling. The arguments that that is happening will doubtless come during the trial; such matters were not before her when she ruled.

One good thing is that the district court decision is binding only in that district; it should not discourage states in other districts — of which there are very many — from proceeding with the enactment of similar legislation.