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DOJ Lawyers Draft Challenge to AZ Law
Foxnews ^ | 5/25/2010 | Mike Levine

Posted on 05/25/2010 6:35:33 PM PDT by Blood of Tyrants

A team of Justice Department attorneys reviewing the new immigration law in Arizona has recommended that the U.S. government challenge the state law in federal court, but the recommendation faces an uncertain future and tough scrutiny from others in the Justice Department, sources with knowledge of the process tell Fox News.

Staff attorneys within the Justice Department recently sent higher-ups the recommendation. At the same time, the Justice Department's Civil Division, which oversees the majority of immigration enforcement issues for the department, has drafted a "civil complaint" that would be filed in federal court in Arizona, sources said.

The draft complaint challenges the Arizona law as unconstitutional, saying it is illegal because it impedes federal law, according to the sources, who would not offer any more details about the draft complaint or the arguments made in it.

Two weeks ago, Attorney General Eric Holder told lawmakers such an issue was being considered by Justice Department lawyers reviewing the new law, which outlines and possibly broadens the authority of police to detain those suspected of being in the country illegally.

(Excerpt) Read more at liveshots.blogs.foxnews.com ...


TOPICS: Breaking News; Crime/Corruption; Government; News/Current Events; US: Arizona
KEYWORDS: aliens; arizona; arrogance; bhodoj; bhofascism; bulgersdoj; democrats; dnc4bombers; dnc4criminals; dnc4illegals; doj4alqaeda; doj4criminals; doj4illegals; doj4invaders; doj4islam; doj4terrorists; doj4treason; dojservestheenemy; dojundertreason; dojvsallamericans; dojvsamerica; donttreadonme; holder; holder4alqaeda; holder4criminals; holder4illegals; holder4invaders; holder4islam; holder4terrorists; holdervsallamericans; holdervsamerica; illegalimmigration; immigrantlist; liberalfascism; obama; obama4alqaeda; obama4criminals; obama4illegals; obama4invaders; obama4islam; obama4terrorists; obamavsallamericans; obamavsamerica; standwitharizona; treason; tyranny
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What ARROGANT BASTARDS! They REFUSE to enforce the law and they want to prevent anyone else from doing it! Obastard is dying to destroy this nation.
1 posted on 05/25/2010 6:35:34 PM PDT by Blood of Tyrants
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To: Blood of Tyrants

Secession time.


2 posted on 05/25/2010 6:36:19 PM PDT by Blood of Tyrants (The US will not die with a whimper. It will die with thundering applause from the left.)
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To: Blood of Tyrants

Let the Revolution begin.


3 posted on 05/25/2010 6:37:49 PM PDT by pissant (THE Conservative party: www.falconparty.com)
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To: Blood of Tyrants

WTF!

Is it November yet?

I dunno...


4 posted on 05/25/2010 6:40:30 PM PDT by Herbster
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To: Blood of Tyrants

They are making one big a$$ mistake...they need to let it go before they spark a Civil War.


5 posted on 05/25/2010 6:40:42 PM PDT by rolling_stone (no more bailouts, the taxpayers are out of money!)
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To: Blood of Tyrants

How?

They say they haven’t read it.


6 posted on 05/25/2010 6:41:04 PM PDT by NoLibZone (Liberals are right. The AZ situation is like Nazi Germany. Mexico is Germany and Arizona is Poland)
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To: Blood of Tyrants

How do the attack the state law based on the federal law, without attacking the federal law?


7 posted on 05/25/2010 6:41:26 PM PDT by Travis McGee (---www.EnemiesForeignAndDomestic.com---)
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To: Blood of Tyrants

Impeachment time

He needs to go, not AZ


8 posted on 05/25/2010 6:42:25 PM PDT by A_Former_Democrat
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To: Travis McGee

Because their argument is its federal jurisdiction.


9 posted on 05/25/2010 6:43:55 PM PDT by sabe@q.com (Yes, I'm a SW freak!)
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To: Blood of Tyrants

“it is illegal because it impedes federal law”

Now that is really stretching things. It re-enforces the federal law.


10 posted on 05/25/2010 6:47:35 PM PDT by Parley Baer
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To: Blood of Tyrants
So, let's say the feds win this...will that then open the door to the feds superceding ANY state law it so desires (camel's nose under the tent)?

Is this a backdoor to superceding state gun laws, etc?

A weird thought, but everything is on the table these days.
11 posted on 05/25/2010 6:48:00 PM PDT by FrankR (Standing against tyranny must start somewhere, or the future belongs to the tyrants.)
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To: sabe@q.com

Thank God the nobama administration is protecting us. He and his minions are geniuses. All praise nobama!


12 posted on 05/25/2010 6:48:15 PM PDT by hal ogen ($10 (I think) amounts through the internet from all over the world.)
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To: Blood of Tyrants

IT IMPEDES FEDERAL LAW?!?!?!?!?! WTH?!?!?


13 posted on 05/25/2010 6:48:20 PM PDT by pillut48 ("Calling ILLEGAL aliens "immigrants" is like calling shoplifters 'customers'!"-UCFRoadWarrior ><>)
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To: sabe@q.com

And where exactly in the Constitution does it say that only federal agents can enforce federal laws, and states cannont duplicate the same laws and enforce them also?

Tell me the article and section, I can’t find it in my copy.


14 posted on 05/25/2010 6:48:24 PM PDT by Travis McGee (---www.EnemiesForeignAndDomestic.com---)
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To: Travis McGee

its going to court

there are five suits against the law

Gov Brewer has hired an atty to defend them since our state AG won’t


15 posted on 05/25/2010 6:49:53 PM PDT by sabe@q.com (Yes, I'm a SW freak!)
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To: Travis McGee
"How do the attack the state law based on the federal law, without attacking the federal law?"

Because they don't want to enforce the federal law either. It probably wouldn't hurt their feelings any if the federal immigration laws were struck down too. This will kill two birds with one stone. Their main dilemma internally is finding a liberal court crazy enough to make it happen the way they want. 9th Circus here we come!!

16 posted on 05/25/2010 6:50:17 PM PDT by KoRn (Department of Homeland Security, Certified - "Right Wing Extremist" - I Hate Mexico)
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To: Blood of Tyrants
This will be slammed down because they cannot argue emotions and politics in front of the bench.

LLS

17 posted on 05/25/2010 6:50:46 PM PDT by LibLieSlayer ( WOLVERINES!)
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To: Blood of Tyrants
When does an invasion constitute an invasion? 12 million? 20 million? 50 million?

I refer of course to article 4 section 4, and the federal responsibility and duty to protect the states from invasion.


18 posted on 05/25/2010 6:51:33 PM PDT by Travis McGee (---www.EnemiesForeignAndDomestic.com---)
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To: Blood of Tyrants

Agreed.


19 posted on 05/25/2010 6:51:46 PM PDT by BARLF
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To: Blood of Tyrants
It looks like it's the Americans versus the illegal aliens and their U.S. Government allies.

No good can come of this. Our so-called government has betrayed us.

20 posted on 05/25/2010 6:52:08 PM PDT by FlingWingFlyer (Kiss my AZ!!!)
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To: sabe@q.com

By that logic the state should not enforce any federal
laws including drugs, firearms, EPA regulations,
minimum wage...I could go on.


21 posted on 05/25/2010 6:52:17 PM PDT by Myrddin
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To: KoRn
Judges can declare that the sky is green and down is up.

But we don't need judges to be able to read and understand the words of the Constitution.

And we know what it says in Article 4 Section 4 about protecting the states from invasion.

Of course, it gets sticky when you have a class of marxist traitor moles in the highest places, to tell us mere peasants that the sky is green, etc.

22 posted on 05/25/2010 6:54:00 PM PDT by Travis McGee (---www.EnemiesForeignAndDomestic.com---)
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To: Blood of Tyrants
They expect the very worst of Arizona's finest ... What no union reps there ?

Then assume the illegals intentions are pure as driven snow

this is DCs answer to the social security money that has been pissed away

23 posted on 05/25/2010 6:54:04 PM PDT by daku
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To: Myrddin

It’ll be interesting


24 posted on 05/25/2010 6:54:44 PM PDT by sabe@q.com (Yes, I'm a SW freak!)
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To: FlingWingFlyer
"Treason doth never prosper, what's the reason? Why if it prosper, none dare call it treason."

We have been betrayed.

25 posted on 05/25/2010 6:55:15 PM PDT by Travis McGee (---www.EnemiesForeignAndDomestic.com---)
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To: Blood of Tyrants

No, no. This is great news. We cannot lose. If the Admin takes this to court and they win, we still have an issue and a failure on Obama’s part to address it.

If they lose then we’ve reinforced state’s rights to intercede where the Feds fail.

This will be a great issue to carry into November. It doesn’t matter what polls of all adults say, just likely voters and they overwhelmingly support AZ’s law.


26 posted on 05/25/2010 6:55:22 PM PDT by 1010RD (First Do No Harm)
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To: Blood of Tyrants

Fences


27 posted on 05/25/2010 6:55:39 PM PDT by FrankR (Standing against tyranny must start somewhere, or the future belongs to the tyrants.)
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To: Blood of Tyrants

I wonder if they have read it yet?


28 posted on 05/25/2010 6:57:59 PM PDT by Michael.SF. (Even Hitler had Government run health care, but at least he got the Olympics for Germany)
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To: pissant

There is no possibility to restore the federal government to its constitutional limits when the liberals have absolutely no interest in doing so.


29 posted on 05/25/2010 6:59:42 PM PDT by Blood of Tyrants (The US will not die with a whimper. It will die with thundering applause from the left.)
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To: Travis McGee

So they probably haven’t read the Arizona law....or the US law. So they will fight their case...likely to the level of the Supreme Court....and have Supreme Court Justices ask them how you can fight one but not the other? I’m guessing that the Arizona governor has a Barney-like puppet ready to toss into the Supreme Court meeting and turn the whole event into a five-star circus.


30 posted on 05/25/2010 7:00:11 PM PDT by pepsionice
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To: Blood of Tyrants

They’d better plan on arresting about 6.5 million people then, because if the court says the states can’t take care of it, then it’s reserved to the people and WE will take care of it.


31 posted on 05/25/2010 7:00:25 PM PDT by McGavin999 (Illegal is not a race, it is a crime)
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To: Blood of Tyrants

If the world didn’t think Americans were stupid before, they are bound to now.


32 posted on 05/25/2010 7:00:28 PM PDT by Califreak (A man is defined by the nature of his enemies-Preach it Rush!)
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To: Blood of Tyrants

Or for that matter, most Republicans


33 posted on 05/25/2010 7:01:32 PM PDT by pissant (THE Conservative party: www.falconparty.com)
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To: Blood of Tyrants

They’ll lose.


34 posted on 05/25/2010 7:01:51 PM PDT by b4its2late (Why does a slight tax increase cost you $200 and a substantial tax cut save you 30 cents?)
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To: Blood of Tyrants

These SOB’s have no idea the fire they’re playing with.


35 posted on 05/25/2010 7:02:41 PM PDT by poindexter
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To: Blood of Tyrants

Secession time.

_____________________________

Obama knows this. Why else is he sending NG troops to AZ?

To keep those Mexicans from crossing?

Hahahahahaha!

(Boy, I kill me!)


36 posted on 05/25/2010 7:02:42 PM PDT by Responsibility2nd (PALIN/MCCAIN IN 2012 - barf alert? sarc tag? -- can't decide)
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To: Parley Baer

They would also be arguing that a state law against bank robbery would be void for the same reason.


37 posted on 05/25/2010 7:03:29 PM PDT by Blood of Tyrants (The US will not die with a whimper. It will die with thundering applause from the left.)
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To: Travis McGee

BTT.


38 posted on 05/25/2010 7:04:04 PM PDT by ChinaThreat (3)
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To: Travis McGee
Take a look at The People Themselves: Popular Constitutionalism and Judicial Review by Larry Kramer.

Prof. Kramer postulates that the people themselves hold the right to judicial review and recognizing what is and is not Constitutional.

Like math and science Americans have been trained to view the law and especially the Constitution as the sole purview of lawyers and intellectuals.

(BTW I don't agree with Kramer across the board)

39 posted on 05/25/2010 7:04:11 PM PDT by 1010RD (First Do No Harm)
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To: Blood of Tyrants

Considering that it is a toned down version of a Federal law that is on the books, can’t wait to see the outcome of this one.


40 posted on 05/25/2010 7:04:34 PM PDT by doc1019 (Rush, Beck and others are giving us the dots; it is up to us to connect them.)
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To: sabe@q.com

I can think of numerous Federal Laws, that fall under Federal jurisdiction, that are enforced by local police departments.


41 posted on 05/25/2010 7:04:39 PM PDT by Domandred (Fdisk, format, and reinstall the entire .gov system.)
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To: Blood of Tyrants
Interesting tactic. To say that it impedes on federal law, which the fedgov refuses to enforce.
42 posted on 05/25/2010 7:04:56 PM PDT by redgolum ("God is dead" -- Nietzsche. "Nietzsche is dead" -- God.)
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To: Blood of Tyrants

The proper response to this is for each state to sue the U.S. Government for not doing its job and demanding that the U.S. Gov’t pays back EVERY PENNY the states have to spend on these DemocRAT voters.


43 posted on 05/25/2010 7:05:19 PM PDT by FlingWingFlyer (Kiss my AZ!!!)
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To: Travis McGee

They don’t need no steenking Constitution. </disgust>


44 posted on 05/25/2010 7:05:43 PM PDT by Blood of Tyrants (The US will not die with a whimper. It will die with thundering applause from the left.)
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To: Travis McGee
You know what is funny? Many states have more strict environmental laws than the EPA mandates. If this works, would a company be able to file a similar suit against the state law?
45 posted on 05/25/2010 7:06:34 PM PDT by redgolum ("God is dead" -- Nietzsche. "Nietzsche is dead" -- God.)
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To: 1010RD
In general I agree with that. We are not a tyranny dictated to by whatever 5 judges happen to feel on a given day. In fact, the Constitution gives the power to CONGRESS to tell the supremes to go to hell.

The Founder's masterpiece was written in plain English to be understood by ordinary citizens. It was not written in arcane legalese, so that it would need be interpreted by oracles.

46 posted on 05/25/2010 7:07:05 PM PDT by Travis McGee (---www.EnemiesForeignAndDomestic.com---)
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To: Blood of Tyrants

Treason


47 posted on 05/25/2010 7:07:16 PM PDT by Psycho_Bunny (FREE ARIZONA!)
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To: Blood of Tyrants
One more embarrassment for the 0bama administration. A state impeding federal law for upholding Federal law. What a joke they are. FAIL!
48 posted on 05/25/2010 7:07:28 PM PDT by RedMDer (Throw them all out in 2010... Forward with Confidence! Forward!)
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To: Blood of Tyrants

See 46.


49 posted on 05/25/2010 7:07:39 PM PDT by Travis McGee (---www.EnemiesForeignAndDomestic.com---)
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To: Blood of Tyrants

One more nail in the coffin of the cancerous Federal Leviathan.


50 posted on 05/25/2010 7:07:55 PM PDT by spodefly (This is my tag line. There are many like it, but this one is mine.)
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