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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
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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
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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)
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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
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To: PJ-Comix

sfl


4 posted on 07/07/2010 5:42:30 AM PDT by phockthis
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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
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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
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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.............)
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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)
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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...

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9 posted on 07/07/2010 5:53:17 AM PDT by bcsco (First there was Slick Willie. Now there's "Oil Slick" Barry...)
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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...)
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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")
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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
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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
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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)
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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<< !!!!)
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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...)
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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!)
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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.)
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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")
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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
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