Experts: 'Ridiculous' Lawsuit Won't Nix Arizona Law on Illegals

Newsmax ^ | 7/6/2010 | David A. Patten

[Qbert]

Top Republicans blasted the Obama administration's lawsuit against Arizona's controversial illegal immigration law Tuesday as "nothing short of ridiculous."

Immigration law experts tell Newsmax that the administration has little chance of prevailing against the Arizona statute, which empowers police to arrest illegal aliens once another violation has occurred.

[Snip]

Steven A. Camarota, research director for the Center for Immigration Studies, tells Newsmax that he shares the skepticism that administration will win its lawsuit against the Arizona law.

"In talking with one of the attorneys that helped write [the Arizona law], it's not that likely that the pre-emption arguments or supremacy arguments are going to hold sway," Camarota tells Newsmax. "Because the courts have already ruled that local authorities have the right to enforce federal immigration law even without this [Arizona] law.

[Qbert]

...Radio host/Con. Law attorney Mark Levin also analyzed the DOJ complaint yesterday on his show, and demolished the DOJ's legal claims.

[DallasDeb]

Cool. Only judicial activism will let it stand.

[DallasDeb]

Oops, I stated that wrong. Only judicial activism will negate it.

[SandRat]

I want to see Obama-Loser and Holder get handed their heads by the court.

[McGavin999]

I hope the courts will award legal costs to Arizona when this is over. I’m afraid they may find a crooked federal judge to rule on this, but Brewer will immediately take it to SCOTUS. I think she can get an emergency hearing by stating that American citizens have their lives at stake (reference Rob Krentz and the threats against the sheriffs)

[wolfcreek]

This could be a line in the sand that the FedGov must not cross.

[Quick Shot]

Remember that the technical reason for this is that The O’ machine can not have a state stand up to the Fed. It is not this issue, it is health care and taxes. If States set their own rules, or exempt themselves (health care) in the Fed’s mind this can not happen. The Fed is the almighty God and you must obey....

[MrB]

This might not be the straw that breaks the camel’s (union’s) back, but it sure is one big bundle of sticks...

[Frenchtown Dan]

It’s what the Govenor of Arizona said. “It’s an attack on the state of Arizona.”

I think it’s also an attack on every American citizen.

Zero and his gang of thugs don’t stand a chance. The vast majority of Arizonans and Americans all over support Arizona. Congradulations to the Govenor of Arizona, she has put zero in a tight spot. He’s screwed either way. If he does nothing, he’ll lose his socialist liberal support. If he attacks Arizona, he’s in even deeper trouble.

I only wish the Arizona law would take it a step further and forget about the “Racial Profiling” crap. Latinos are not a race. Activley seek them out, and either send them back, or bring back the chain gangs.

[Liz]

'Ridiculous' WH Lawsuit Won't Nix Arizona Law on Illegals

Even if Holder/Ohaha lose the case, they accomplished what they needed to do---get illegal votes for endangered Dems.

=============================================

Endangered Democrats root for amnesty : ”We just gotta get ‘em legal so they can vote!” Luckily, Democrats got the $20 billion campaign contribution from BP to get it going.

OHAHA MOVES AHEAD FOR 2010-12---Sen Dodd chairing delegation to Mexico-US Interparliamentary Group---bringing messages from Ohaha:

(1) Illegals are undocumented Democrats.

(2) Start increasing the flow of Mexicans into the US for the Nov elections;

(3) Station federales at the border with Democrat party voter registration forms;

(4 ) Obama sends undocumented Democrats application forms for Social Security benefits, SSI apps for the wife, kids and senior relatives, welfare forms, food stamps, EITC apps, lists of free healthcare providers, drivers licenses and passports, sub-prime mortgage apps, bank accounts for every identity, and gun and machete permits.

(5) Lists of Democrat campaign committees taking donations from drug lords.

INSTANT DEMOCRATS (courtesy of FrankR)

============================================

THE WHIFF OF AFFIRMATIVE ACTION FOULS THE AIR Ohaha despises the Constitution. Ohaha probably never even read the Constitution, the Bill of Rights, The Federalist papers, etc. He supposedly taught constitutional law, and voters rights, but he trucked with various fringe elements at the U of Chicago. The Ovomitons forgot that States have rights that the feds government cannot thwart.

REFERENCE The Constitution is the limiting document upon the feds; the federal government cannot become greater than the granting power. That is, the federal servant cannot become greater than its master........the states.

According to Fox's judicial analyst, Judge Andrew P. Napolitano, Ohaha's healthcare reforms amount to "commandeering" the state legislatures for federal purposes, which the Supreme Court has forbidden as unconstitutional. "The Constitution does not authorize the Congress to regulate state governments.

Nevertheless, the Congress has told the state governments that they must modify their regulation of certain areas of healthcare, they must surrender their regulation of other areas of healthcare, and they must spend state taxpayer-generated dollars in a way that the Congress wants it done.(Excerpt) Read more at newsmax.com............

[muawiyah]

The SCOTUS has original jurisdiction for facts and law when a state is involved.

I believe this filing in the local federal district court was just procedural. This sucker will get removed to the SCOTUS.

[MrB]

There are several dominoes set up, of which the AZ law is but one.

Firearms freedom acts, healthcare opt out legislation, etc,
are all challenges to the tyrannical control of the federal government over the states.

Any one of those goes in favor of the states, the rest fall as well, and they are essentially powerless to control people after that. They realize this. Unfortunately, so does the USSC, a federal entity.

[ModelBreaker]

” Only judicial activism will negate it.”

I expect a lower court injunction. The Justice Dept will have picked a favorable radical judge. As a practical matter, the law is dead for some time to come—and that will prevent other states from taking similar action while the court of appeal dicks around. It happens with almost every favorable law. The judiciary will not let decent laws stand.

[McGavin999]

I’m hoping that they will call emergency. I don’t know how many more Americans (including LEOs) need to be killed before they do something. I am sick to death of them thinking cops are expendable. You have no idea how many officers we have lost in the past couple of years.

[SirFishalot]

I think the Obamanation wins this one in the eyes of his followers no matter the outcome of the case. It’s not like the Fed had to sue Arizona as they are already being sued in Fed court over the law. Zero only filed it for political marketing.

[wolfcreek]

Been hearing rumors of some very aggravated Texans. (including this one)

[Spok]

Federal pre-emption is a real doctrine, but to apply, the local and federal law must have an irreconcilable conflict. If the two laws are capable of being read in a way that the conflict is negated, the law says they must be so read. The selection of this narrow issue to challenge the law reveals that the bammer’s genius’s in the DOJ can’t gin up any better reasons to attack it, and pre-emption is extremely thin.

[MrB]

Again, I think most people are waiting to see what happens in November, but in the meantime, preparing for the scenario where the election is corrupted and stolen and we have no end in sight to tyranny.

When it becomes apparent that the
“abuses and usurpations, pursuing invariably the same object evinces a design to reduce them under absolute despotism”
then, it’s time.

[Bob]

...pre-emption is extremely thin.

So thin that you can see right through it. One can only hope that the courts will see through it as easily.

[wolfcreek]

Between now and November, I suspect we’ll have many *scenarios* to ponder.