Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Dude, Where's My Discrimination? Tapper Notes Lack of Discrimination Charge in Arizona Lawsuit
NewsBusters ^ | July 7, 2010 | P.J. Gladnick

Posted on 07/07/2010 5:29:18 AM PDT by PJ-Comix

He has forbidden his Governors to pass Laws of immediate and pressing Importance, unless suspended in their Operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them. ---Thomas Jefferson, The United States Declaration of Independence.

Oops! So what happened to all that discrimination and violation of civil rights that the Arizona immigration law was supposed to cause? Apparently the federal government decided it was so lacking that they didn't include it in their lawsuit against the Arizona law. Jake Tapper of ABC News notes the distinct lack of a discrimination charge in the federal lawsuit:

As widely anticipated, Attorney General Eric Holder today filed a lawsuit against Arizona and Gov. Jan Brewer over the state’s immigration law. The suit seeks a preliminary injunction to stop the law from being implemented.

The court filing states that Arizona law is pre-empted by federal law and therefore violates the supremacy clause of the U.S. Constitution.

The filing makes no assertion that the law is discriminatory or risks being applied in a discriminatory fashion, as the president and other officials said they feared would be the case. Interestingly, this suit makes no civil rights charges against the Arizona law.


(Excerpt) Read more at newsbusters.org ...


TOPICS: Government
KEYWORDS: aliens; arizona; jaketapper
The words of Thomas Jefferson ring especially true today in regards to the Arizona complaint about the federal government not bothering to enforce its own laws.
1 posted on 07/07/2010 5:29:23 AM PDT by PJ-Comix
[ Post Reply | Private Reply | View Replies]

To: bcsco

FYI


2 posted on 07/07/2010 5:29:59 AM PDT by PJ-Comix ( Redundancy Can Be Quite Catchy As Well As Contagious)
[ Post Reply | Private Reply | To 1 | View Replies]

To: PJ-Comix
The filing makes no assertion that the law is discriminatory or risks being applied in a discriminatory fashion, as the president and other officials said they feared would be the case.

Obama and others possibly had some clue that their lies and demagoguery would not fly in court.

3 posted on 07/07/2010 5:41:46 AM PDT by Will88
[ Post Reply | Private Reply | To 1 | View Replies]

To: PJ-Comix

sfl


4 posted on 07/07/2010 5:42:30 AM PDT by phockthis
[ Post Reply | Private Reply | To 1 | View Replies]

To: PJ-Comix

Since when has this administration cared about the constitution?


5 posted on 07/07/2010 5:45:38 AM PDT by Flying right
[ Post Reply | Private Reply | To 1 | View Replies]

To: PJ-Comix

Since when has this administration cared about the constitution?


6 posted on 07/07/2010 5:45:44 AM PDT by Flying right
[ Post Reply | Private Reply | To 1 | View Replies]

To: PJ-Comix

The whole basis of this stupid lawsuit is essentially, “It’s my job, not yours.”
Then they have the audacity to claim that they can’t do their job!..............


7 posted on 07/07/2010 5:46:15 AM PDT by Red Badger (No, Obama's not the Antichrist. He's just some guy in the neighborhood.............)
[ Post Reply | Private Reply | To 1 | View Replies]

To: PJ-Comix
The filing makes no assertion that the law is discriminatory or risks being applied in a discriminatory fashion, as the president and other officials said they feared would be the case. Interestingly, this suit makes no civil rights charges against the Arizona law.

If Holder said the Arizona law was discriminatory he'd be admitting that the federal law it mirrors is discriminatory.

The fact that Arizona's law is a nearly verbatim copy of the federal law poses a serious, serious problem for Misters Holder and Soetoro.

8 posted on 07/07/2010 5:47:40 AM PDT by E. Pluribus Unum ("The only stable state is the one in which all men are equal before the law." -- Aristotle)
[ Post Reply | Private Reply | To 1 | View Replies]

To: spectre; truthkeeper; processing please hold; antceecee; navymom1; jaredt112; Edgerunner; ...

Photo Sharing and Video Hosting at Photobucket
This is a ping list promoting Immigration Enforcement and Congressional Reform.
If you wish to be added or removed from this ping list, please contact me.

OK PJ, you win the Kewpie doll today. And it's a big one...

Justice Dept. Expected to Sue Ariz. on Immigration (On Grounds Will Report Too Many Illegals)

Illegal entry not punished

VIDEO: Arizona Sheriff Gets Death Threats

Illegal Immigration Costs U.S. $113 Billion a Year, Study Finds (SEAL THE DAMN BORDER, NOW!)

Feds Prepping Lawsuit Against Arizona Over Immigration Law

PLEASE HELP FUND ARIZONA'S DEFENSE OF SB 1070 AGAINST OBAMA'S PENDING LAWSUIT

Re-conquistadores listen up: You and LaRaza will lose to REPATRIATIONISTS and WE will win this war

Mexican Mafia Gives “Green Light” To Kill AZ Sheriff (w/ video)

Justice Department Suit Against Arizona Imminent, Official Says

POLL: Do you support Arizona's tough new law on illegal immigration?

A Tired and Poor Speech (Obama plays election year politics with Arizona and Immigration)

Feds to File Lawsuit Over Arizona Immigration Law

Yugoslav Sisters Face Deportation

Illegal immigrants are Obama's sixth column

U.S. to Challenge Arizona Immigration Law

Hezbollah leader living across US border in Tijuana

McCain favors immigration reform that would deport ‘many’ illegals

Borderland (must-see Mexico border documentary - online)

McRINO 2007: Co-Sponsors Amnesty Bill With Ted Kennedy. McRINO 2010: “No Amnesty, Send Them Back”

Human smugglers showing violent upswing, ICE says

Morrissey: Obama Admin Ready to Stomp on Arizona's Sovereignty

Many States Could Balance Budgets if They'd Stop Paying for Illegal Aliens! [my title]

Holder Files Lawsuit Against Arizona

Feds sue to block Arizona illegal immigrant law

Ariz. Sheriff Gets Death Threats Over New Law

[WHOA:] McCain On Illegal Immigrants: "Many Of Them Need To Be Sent Back"

A Proposal for Border Enforcement along the US Southern Border

A Proposal for comprehensive enforcement of the US southern border

US warships headed to Costa Rica

34 illegal immigrants caught along Calif. coast

GOP Lawmakers, Some Dems Blast Justice Department Suit Against Arizona Law

Illegal Immigration Costs U.S. $113 Billion a Year, Study Finds

Border Boletín: It’s official, feds sue Arizona

Why Immigration Enforcement and Secure Borders Are What Will Keep America Safe From Terrorists

Raising Arizona

Arizona Gov. Jan Brewer to Be Focus of Boston Protest (by ANSWER commies; Who will defend her?)

Az. Sen. John McCain supports immigration reform that would deport illegal immigrants (FLIP FLOP!)

Arizona Should Counter Sue Federal Government

THE UNITED STATES V. ARIZONA

The United States, Plaintiff v. The State of Arizona...

Arizona Sheriff Paul Babeu Gets Death Threats From Drug Cartels And Mexican Mafia

Republicans Slam Obama for Suing Arizona

NY Times Loses Its Distaste for Religion As Houston Churches Push Amnesty for Illegals

Can You Guess

Al-Siyassa: Hizbullah Plan To Establish Terror Network In South America Thwarted

Arizona Lapel Pins

Illegals Threaten To Kill Arizona Sheriff Over Immigration Law

Justice Department Sues Arizona for Immigration Law -- But Does Not Make Charges of "Discrimination"

Holder Sues Arizona; GOP Lawmaker = The Suit “Reflects The Height of Irresponsibility & Arrogance”

Statement From Governor Jan Brewer on Justice Dept. Lawsuit Against Arizona (Statement)

DHS blocks access to border watchdog Web site

Latino voters will be a force in midterm elections, report argues [Feb. 2010]

Freep this!

Would President Eisenhowers Successful Government Program Used To Deport Illegal's Work Today?

Immigration and Customs Release Memo Showing Agency Only Has Resources To Remove 4% of Illegal

Suit: Arizona Immigration Law Crosses 'Constitutional Line'

Tasing Arizona

Law in Arizona Causes a Split for Governors on Border

Obama DOJ Sues Arizona...Epic Fail

AP source: Feds suing to stop Ariz. immigrant law

Immigrants in custody in two smuggling attempts (on Camp Pendelton!)

Obama’s Dangerously Stupid War on Arizona

CYFD, Gov.'s Policies at Odds

"What Goes Around Comes Back Around"

Why Is Eric Holder Suing Arizona? Because He's Afraid Enforcement Will Actually WORK!

Blocking For the Home Team: Photos the MSM Doesn’t Want You To See

The Dark Side Of Illegal Immigration

Illegal Immigration - a $113 Billion a Year Drain on U.S. Taxpayers

The hypocrisy of 'US v. Arizona'

ICE Releasee Memo Showing Agency Only Has Resources To Remove 4% of Illegal Aliens Per Year

Tamara Holder complains that Governor Brewer did not go to college

Mexico's Culture of Racism

Open-Borders DOJ vs. America

Arizona suit imperils Western Dems

9 posted on 07/07/2010 5:53:17 AM PDT by bcsco (First there was Slick Willie. Now there's "Oil Slick" Barry...)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Will88

I suspect they didn’t include discrimination because the law hasn’t gone into affect yet, and there are no victims that can be named.


10 posted on 07/07/2010 5:56:12 AM PDT by bcsco (First there was Slick Willie. Now there's "Oil Slick" Barry...)
[ Post Reply | Private Reply | To 3 | View Replies]

To: PJ-Comix; ding_dong_daddy_from_dumas; stephenjohnbanker; DoughtyOne; genetic homophobe; FromLori; ..
with all the ‘papers please’ daily crap from liberals about racial profiling, which is constitutional BTW, no mention of it in lawsuit. I did see this :

The lawsuit goes on to say that a “state may not establish its own immigration policy or enforce state laws in a manner that interferes with the federal immigration laws. The Constitution and the federal immigration laws do not permit the development of a patchwork of state and local immigration policies throughout the country.

The problem is the state law looks like the federal law.

11 posted on 07/07/2010 5:57:41 AM PDT by sickoflibs ( "It's not the taxes, the redistribution is the federal spending=tax delayed")
[ Post Reply | Private Reply | To 1 | View Replies]

To: PJ-Comix; Girlene

Girlene wrote:

Further reading of the suit seems to say that Arizona’s new law, which they cite as generally “attrition through enforcement”, ignores the objectives of the federal immigration system, which they say primarily is the “arrest and detention of those aliens who pose a danger to national security or a risk to public safety.” (Reading pages 15 through 22)

So, in other words, since Arizona actually DOESN’T discriminate between illegal aliens, the suit says DHS, DOJ, and the executive branch is hindered in their right TO discriminate based on the value, danger, humanitarian need of specific illegals......or at least that’s the why I interpreted it.

___________________________________

So it seems as if instead of accusing the AZ law of discrimination they are instead claiming that AZ is taking away their right to discriminate. How ironic is that?

I would think that the 14th Amendment could be a factor being that the DOJ does not want the law equally enforced for all but instead wants to pick and choose in regards to where, when and with who the law is enforced.


12 posted on 07/07/2010 5:58:43 AM PDT by TheBigIf
[ Post Reply | Private Reply | To 1 | View Replies]

To: bcsco
I suspect they didn’t include discrimination because the law hasn’t gone into affect yet, and there are no victims that can be named.

Several laws and voter approved constitutional amendments aimed at denying government benefits to illegal aliens, and other aspects of illegals in the US, have been declared unconstitutional before they went into effect, and before any 'victims' could be named.

13 posted on 07/07/2010 6:04:07 AM PDT by Will88
[ Post Reply | Private Reply | To 10 | View Replies]

To: PJ-Comix

Did you read the damn bill yet Eric?


14 posted on 07/07/2010 6:04:43 AM PDT by Clint N. Suhks (RIP Bahbah. Did you plug the damn hole yet daddy? Palin/Cheney 2012)
[ Post Reply | Private Reply | To 1 | View Replies]

To: sickoflibs
The problem is the state law looks like the federal law.

This is interesting. IF a federal judge strikes down the Arizona law which is essentially a reiteration of the federal law as you said, then such a decision would certainly apply against FEDERAL law, and that would literally open the flood gates to as many illegals as want to cross the border at any given time, which might well be what the 0bamunist regime is hoping for.

Whatever decision is made in the federal court system, this case WILL (IMHO) end up before the SCOTUS and the Roberts court is not at all inclined to look very favorably upon the legal shenanigans of Comrade Zero and his crew of Communist agitators.
15 posted on 07/07/2010 6:05:29 AM PDT by mkjessup (Hosea can you see you are in America illegally? Gooood, now **GTF** >>OUT<< !!!!)
[ Post Reply | Private Reply | To 11 | View Replies]

To: Will88

Yes, but why give the other side an argument, even though it may be shot down...?


16 posted on 07/07/2010 6:10:16 AM PDT by bcsco (First there was Slick Willie. Now there's "Oil Slick" Barry...)
[ Post Reply | Private Reply | To 13 | View Replies]

To: sickoflibs; PJ-Comix; ding_dong_daddy_from_dumas; DoughtyOne; genetic homophobe; FromLori; ...

” The problem is the state law looks like the federal law. “

The new Arizona law MIRRORS the Federal law, with one exception.....it is less onerous than the Federal law!

Obama and Holder are merely pandering for the hispanic vote for November.


17 posted on 07/07/2010 6:13:33 AM PDT by stephenjohnbanker (Support our Troops, and vote out the RINOS!)
[ Post Reply | Private Reply | To 11 | View Replies]

To: PJ-Comix

The truly hilarious thing that the Obama admin is studiously avoiding the fact that if not a majority, a great percentage of Dems are for stiffer immigration laws. In short, the Obama admin is riling a lot of loyal Dems who see nothing wrong in trying to keep illegals controlled. The Obama admin pretends that all Dems agree with their stand for uncontrolled immigration, but very few average Dems actually do.


18 posted on 07/07/2010 6:19:42 AM PDT by driftless2 (For long term happiness, learn how to play the accordion.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: mkjessup; AuntB; ding_dong_daddy_from_dumas; stephenjohnbanker; DoughtyOne; calcowgirl

They have no basis to sue. They know it. Their argument is that Arizona is interfering with US governments non-enforcement of federal law by enforcing it, not that it interferes with federal law.

Federal supremacy does not sound good. Why even have states?


19 posted on 07/07/2010 6:20:42 AM PDT by sickoflibs ( "It's not the taxes, the redistribution is the federal spending=tax delayed")
[ Post Reply | Private Reply | To 15 | View Replies]

To: bcsco
Yes, but why give the other side an argument, even though it may be shot down...?

That sentence makes no sense: "even though it may be shot down"? Or because it may be shot down? Which side is giving the other an argument?

Laws the left objects are routinely challenged before they go into effect, and before than have been any 'victims'. That is the way they operate, and I stick with my statement that Obama and others knowingly demagogued the issue with what they should have known were not strong legal arguments for their side.

20 posted on 07/07/2010 6:23:27 AM PDT by Will88
[ Post Reply | Private Reply | To 16 | View Replies]

To: Will88

Whatever.


21 posted on 07/07/2010 6:24:22 AM PDT by bcsco (First there was Slick Willie. Now there's "Oil Slick" Barry...)
[ Post Reply | Private Reply | To 20 | View Replies]

To: mkjessup

They’re Leftists. It’s the filing of the suit which is important to them, not the winning of it.


22 posted on 07/07/2010 6:25:33 AM PDT by ctdonath2 (+)
[ Post Reply | Private Reply | To 15 | View Replies]

To: Will88

Someone needs to slap the author and ask “Do you get it now?”

It’s not about “protecting minorities”, it’s about POWER. They’ve been USING “people of color” to further their own POWER.


23 posted on 07/07/2010 6:26:35 AM PDT by MrB (The difference between a (de)humanist and a Satanist is that the latter knows who he's working for.)
[ Post Reply | Private Reply | To 20 | View Replies]

To: MrB
It’s not about “protecting minorities”, it’s about POWER. They’ve been USING “people of color” to further their own POWER.

That's true, and the left has lost most of the political arguments of the past few decades and they can only have power by importing new voters from poor nations, and by getting their political hacks on federal courts.

The swing vote that put Obama in office was the white guilt vote among those in the middle who still move back-and-forth between parties. I think most of those voters have realized the serious error they made in 2008.

24 posted on 07/07/2010 6:33:27 AM PDT by Will88
[ Post Reply | Private Reply | To 23 | View Replies]

To: PJ-Comix

The issue here has nothing to do with discrimination. The suit is a tool by the central government to claim complete jurisdiction over anything having to do with illegal immigration. Their goal is that if they succeed with this suit, it will effectively remove almost all legal roadblocks for them to declare universal amnesty for all illegals.


25 posted on 07/07/2010 7:05:32 AM PDT by Funee Kat
[ Post Reply | Private Reply | To 1 | View Replies]

To: MrB
It’s not about “protecting minorities”, it’s about POWER. They’ve been USING “people of color” to further their own POWER

Yup. By claiming universal jurisdiction of all immigration policy over the states, they can dictate state policy in all kinds of areas where illegals are involved, such as education, health care, employment etc., especially in any arena that accepts federal funding. The strategy parrallels that of using the commerce clause to dictate that idividuals must purchase federal products.

26 posted on 07/07/2010 7:35:04 AM PDT by Funee Kat
[ Post Reply | Private Reply | To 23 | View Replies]

To: PJ-Comix
He has forbidden his Governors to pass Laws of immediate and pressing Importance, unless suspended in their Operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them. ---Thomas Jefferson, The United States Declaration of Independence.

The very same thing could be said of what is happening with the horrendous oil leak in the Gulf of Mexico.

27 posted on 07/07/2010 7:43:13 AM PDT by Gritty (Modern liberals might as well march around wearing jackboots and arm bands - Don Feder)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Funee Kat
Yep, you hit the nail on the head. This suit is one of the necessary paving stones on the path to blanket amnesty.

It's also a warning shot across the bow of all 57 states.....pass a law that the Marxist Messiah doesn't like and his personal consiglieri Holder and the mafiosi in his Justice Dept. will strike at you like a carp after a fly.

Leni

28 posted on 07/07/2010 7:44:57 AM PDT by MinuteGal
[ Post Reply | Private Reply | To 25 | View Replies]

To: bcsco
I suspect they didn’t include discrimination because the law hasn’t gone into affect yet, and there are no victims that can be named.

I suspect they are making as simple an argument as possible. Pre-emption. The more complicated they make the claims, the more opportunity for a defense lawyer to poke holes in it with the Constitution and the harder for any Judge to rule in favor.

Specifically on the discrimination angle, any argument about profiling or discrimination would open the door to the defense to argue illegals do not have the civil rights afforded US Citizens.

29 posted on 07/07/2010 7:55:52 AM PDT by IamConservative (Liberty, guns and ammo; all a good man needs to succeed.)
[ Post Reply | Private Reply | To 10 | View Replies]

To: IamConservative

That’s what I was getting at. You just said it far better. Thanks.


30 posted on 07/07/2010 8:01:31 AM PDT by bcsco (First there was Slick Willie. Now there's "Oil Slick" Barry...)
[ Post Reply | Private Reply | To 29 | View Replies]

To: PJ-Comix

But...but...but...


31 posted on 07/07/2010 8:05:35 AM PDT by denydenydeny ("Why should I feed pirates?"--Russian officer off Somalia)
[ Post Reply | Private Reply | To 1 | View Replies]

To: sickoflibs

Precisely. This transparent Onada gamet is simply intended to pander to the hispanic vote. If the lawsuit ever reaches the USSC it will be quashed. Admittedly by a 5-4 vote, but quashed none-the-less.

All Arizona is doing is enforcing the Federal statute. The reason it is doing it is that the Feds are not. It will be interesting, given the millions of illegals currently in the US, to see how The Marxist and his band of angry commies try to spin that in front of the five Constitutionalist judges.

Concurrent with the lawsuit Onada will attempt to deem the illegals legal so as to preempt the argument. Whatever outrageous tactic they pursue to do this also will be ruled unconstitutional at the end of the day.

The power end game for Onada, his commie buddies and the “useful idiots” is November. Even if they manage to retain both the Senate and House by a majority of one or two they are still check mated. Conservative pubbies will probably unseat enough RINOs to retake the GOP. Then they can orchestrate some serious interference to Onada’s agenda. Maby even with the help of some dems who see the handwriting on the wall as far as Onada and his plan to socialize America. Those on the demrat side who are not doctrinaire Marxists will resort to enlightened self intetrest to retain their cushy legislative jobs.


32 posted on 07/07/2010 8:52:04 AM PDT by dools007
[ Post Reply | Private Reply | To 11 | View Replies]

To: PJ-Comix
Actually I don't believe there is any standing for a discrimination charge until the law actually goes into affect.

Holder and Obama know that, that is why they could not add it to the suit.

33 posted on 07/07/2010 9:13:12 AM PDT by mware (F-R-E-E, that spells free, Free Republic.com baby.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: 1_Inch_Group; 2sheep; 2Trievers; 3AngelaD; 3pools; 3rdcanyon; 4Freedom; 4ourprogeny; 7.62 x 51mm; ..

Ping!


34 posted on 07/07/2010 10:24:31 AM PDT by HiJinx (Why govern when you can golf?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: mware

That point was made in an article I read this morning - you’re quite right.


35 posted on 07/07/2010 10:26:06 AM PDT by HiJinx (Why govern when you can golf?)
[ Post Reply | Private Reply | To 33 | View Replies]

To: TheBigIf
Further reading of the suit seems to say that Arizona’s new law, which they cite as generally “attrition through enforcement”, ignores the objectives of the federal immigration system, which they say primarily is the “arrest and detention of those aliens who pose a danger to national security or a risk to public safety.”

So the federal government wants murderers to murder and rapists to rape before keeping them out of the country. That's like Pelosi wanting to pass healthcare in order find out what's in it.

36 posted on 07/07/2010 10:44:29 AM PDT by Moonman62 (Politicians exist to break windows so they may spend other people's money to fix them.)
[ Post Reply | Private Reply | To 12 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson