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APNewsBreak: [AZ Gov Jan] Brewer's case against feds dismissed
Associated Press ^ | Friday, October 21, 2011 7:27 PM EDT | JACQUES BILLEAUD

Posted on 10/21/2011 5:13:13 PM PDT by Hunton Peck

PHOENIX (AP) — A federal judge Friday dismissed Arizona Gov. Jan Brewer's lawsuit that accused the Obama administration of failing to enforce immigration laws or maintain control of her state's border with Mexico.

The dismissal by U.S. District Judge Susan Bolton comes in a counter-lawsuit filed by Brewer as part of the Justice Department's challenge to Arizona's controversial immigration enforcement law.

The Republican governor was seeking a court order that would require the federal government to take extra steps, such as more border fencing, to protect Arizona until the border is controlled.

Bolton said Brewer's claim that Washington has failed to protect Arizona from an "invasion" of illegal immigrants was a political question that isn't appropriate for the court to decide.

The judge also barred some of Brewer's claims because the issues were dealt with in a 1994 case by Arizona and can't be litigated again. Court precedent also requires the dismissal of some claims, Bolton wrote.

"While Arizona may disagree with the established enforcement priorities, Arizona's allegations do not give rise to a claim that the counter-defendants (the federal government) have abdicated their statutory responsibilities," Bolton wrote.

Brewer said in a written statement that she wasn't surprised by Bolton's ruling.

"It is but the latest chapter in a story that Arizonans know all too well: The federal government ignores its constitutional and statutory duty to secure the border. Federal courts avert their eyes....

(Excerpt) Read more at centurylink.net ...


TOPICS: Crime/Corruption; Foreign Affairs; Government; US: Arizona
KEYWORDS: 10a; 10thamendment; aliens; bolton; border; district; illegalimmigration; janbrewer; judge; reconquista; section8usc1324; susan; susanbolton
Susan Bolton is a federal judge for the United States District Court for the District of Arizona. She joined the court in 2000 after being nominated by President Bill Clinton. [1]

Early life and education

Born in Philadelphia, Pennsylvania, Bolton graduated from the University of Iowa with her Bachelor's Degree in 1973 and her Juris Doctor degree in 1975.[1]

Professional career

Bolton was a law clerk for Arizona State Appeals Judge Laurance Wren in the Arizona Court of Appeals from 1975 to 1977. Bolton entered private practice in the State of Arizona from 1977 to 1989 before bcoming a Superior Court Judge in the Arizona Superior Court for Maricopa County from 1989 to 2000.[1]

Judicial career

District of Arizona

On the recommendation of U.S. Senator Jon Kyl, Bolton was nominated to the United States District Court for the District of Arizona by President Bill Clinton on July 21, 2000 to a seat vacated by Robert Broomfield. Bolton was confirmed by the U.S. Senate on October 3, 2000 on the unanimous consent of the Senate and received commission on October 13, 2000. [2]

Awards and associations

Notable cases

Arizona immigration law (S.B. 1070)

The United States Department of Justice took the state of Arizona to court in order to stop its bill on immigration from taking effect July 29, 2010. In the ruling, Bolton upheld parts of the law, while striking down some of its more controversial aspects.

In summary, parts of the law that were upheld:

The state can restrict local officials from creating "sanctuary city" policies that limit enforcement of the law;

Arizona state officials will work with the federal government on illegal immigration; and

it is a crime to employ day laborers, often illegal immigrants that wait for work in public areas. [3]

Parts of the law blocked by the decision:

The state cannot criminalize individuals for failing to have alien registration papers on them;

Arizona cannot authorize "the warrantless arrest of a person" if law officials believe she or he is in the county illegally. [4]

The state of Arizona appealed the ruling in the United States Court of Appeals for the Ninth Circuit. The Ninth Circuit upheld Bolton's ruling on April 1, 2011.

[Above from Judgepedia, http://judgepedia.org/index.php/Susan_Bolton ]

1 posted on 10/21/2011 5:13:20 PM PDT by Hunton Peck
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To: Hunton Peck

I didn’t expect anything else from the black robed piggy. She’s a fed. Barry’s her boy. Americans don’t mean jacksh** to her. It’s all about the “government”.


2 posted on 10/21/2011 5:17:15 PM PDT by FlingWingFlyer (Stop Government Greed Now!!!!)
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To: Hunton Peck

Claymores, as a State’s Right.


3 posted on 10/21/2011 5:17:22 PM PDT by traditional1 ("Don't gotsta worry 'bout no mo'gage, don't gotsta worry 'bout no gas; Obama gonna take care o' me!)
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To: Hunton Peck

Take it up to SCOTUS!

District Judge Susan Bolton is a Liberal ****.


4 posted on 10/21/2011 5:17:31 PM PDT by SandRat (Duty - Honor - Country! What else needs said?)
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To: Hunton Peck

bttt


5 posted on 10/21/2011 5:19:35 PM PDT by Guenevere (....We press on.....)
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To: FlingWingFlyer

Fight the Fed on every level.

Az needs to send every federal agency packing.

They are there to harm and kill citizens of AZ.

Maybe Sheriff Joe can get the FBI to use bathroom stalls at the airport for offices.


6 posted on 10/21/2011 5:22:49 PM PDT by NoLibZone (Democrats are violent. Prisons are overflowing with democrats convicted of violent crimes.)
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To: Hunton Peck

“”While Arizona may disagree with the established enforcement priorities,... “

Arizona should prove that this can work both ways.


7 posted on 10/21/2011 5:24:22 PM PDT by APatientMan (Pick a side)
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To: Hunton Peck

The Just-Us Dept. certainly views law enforcement as a political whim.


8 posted on 10/21/2011 5:25:39 PM PDT by Paladin2
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To: Hunton Peck; 1_Inch_Group; 2sheep; 2Trievers; 3AngelaD; 3pools; 3rdcanyon; 4Freedom; 4ourprogeny; ..
Ping!

Click the keyword Aliens to see more illegal alien and other related articles.

9 posted on 10/21/2011 5:26:28 PM PDT by HiJinx ("Family values don't stop at the Gulf of Aden." ~ Flag_This)
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To: Hunton Peck

Bolton is not a constitutional American. The courts are saturated with communists like judges. Getting rid of these rotten judges will be hard but impeachment may be the way when we get both houses and the Presidency.


10 posted on 10/21/2011 5:32:23 PM PDT by Logical me
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To: Hunton Peck

The Jan, 2013 “To Do” list just gets longer and longer.


11 posted on 10/21/2011 5:34:34 PM PDT by upchuck (Rerun: Think you know hardship? Wait till the dollar is no longer the world's reserve currency.)
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To: Hunton Peck

If there was a Constitution a Declaration of Independence, and a Congress with any idea of their responsibility, I can think of six or seven hundred people who would be under indictment impeachment proceedings and in jail without bond awaiting trial and sentencing for some serious stuff worthy of the worst, and after that we can get on with life, after the supreme court takes care of the business of Roe v Wade at the demand of Congress. If not then there will be a few more on the list.


12 posted on 10/21/2011 5:38:00 PM PDT by wita
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To: Hunton Peck

I’m completely against slapping females, but hanging female traitors I don’t have a problem with.


13 posted on 10/21/2011 5:41:24 PM PDT by sergeantdave
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To: FlingWingFlyer

Un American judges, when Arizona is swallowed by Mexico she and her family will have a bounty on thier heads maybe then she will realize what she has done


14 posted on 10/21/2011 5:47:40 PM PDT by ronnie raygun (V)
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To: Hunton Peck

Every federal black rope receives a PAYCHECK from the U.S.TREASURY and files an INCOME TAX RETURN, signed UNDER PENALTY OF PERJURY. If THAT doesn’t keep them in line, there’s always the old planted evidence ploy or sudden death thing.

In a suit involving fedzilla, you’d fare better with Judge Judy or Judge Jeanine.

Mr. Jefferson’s feared “tyranny of the judiciary” is now a fact.


15 posted on 10/21/2011 5:56:54 PM PDT by Dick Bachert (And we all move a step closer to the One World Utopia -- where all but a few will be slaves.)
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To: SandRat

When are Brewer and the other Governors from Ala and GA going to wise up and tell these Federal judges to kiss off? The Constitution is very clear. Only SCOTUS has jurisdiction over a sovereign state. They all need to stop playing the game and just implement their immigration laws and tell the DOJ “see you at the Supremes”.


16 posted on 10/21/2011 6:02:09 PM PDT by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped.)
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To: Hunton Peck

Quite frankly, I think it’s time to dismiss the federal government, every last bit of it, and every last one of them.

Why on earth do we give these ****ING IDIOTS this kind of power over our lives!?


17 posted on 10/21/2011 6:08:35 PM PDT by chris37 (Heartless.)
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To: Hunton Peck

The first thing that came to mind when reading about this was “Clinton appointee”—which turned out to be right. Uncanny.


18 posted on 10/21/2011 6:08:40 PM PDT by Verginius Rufus
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To: Hunton Peck

She should call a press conference and call for all able bodied men to go secure the border.


19 posted on 10/21/2011 6:10:45 PM PDT by samadams2000 (Someone important make......The Call!)
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To: Hunton Peck

Time to tell the Feds to pack up and leave the state.


20 posted on 10/21/2011 6:29:59 PM PDT by TigersEye (Life is about choices. Your choices. Make good ones.)
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To: Hunton Peck

This comes as no surprise. They are now giving illegals work permits, certain cites are making their own Immigration laws.They ignore federal detainers, release illegals on bail..Moving towards a 3rd country..


21 posted on 10/21/2011 6:30:18 PM PDT by moonshinner_09
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To: Hunton Peck

I fail to understand how anyone could think that if you are suing the feds, and the case gets heard in a federal court, did everybody just fall off the turnip truck and believe you can get a fair trial???
When the case gets dismissed, isn’t that like one of the Homer Simpson “Doh!!!” minutes where the light finally comes on?

Might as well sue the elephants at the circus and have the clowns be the judge and jury.

Come to think of it, that analogy is pretty spot-on!!


22 posted on 10/21/2011 6:39:24 PM PDT by djf (Soon you will need a prescription for EVERY SINGLE VITAMIN.)
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To: TigersEye

I wonder what would happen “if” the states would refuse to enforce “any” federal laws? If the state can’t enforce fed laws against illegal aliens, why enforce any fed law?


23 posted on 10/21/2011 6:54:37 PM PDT by Crazy ole coot (Mrs. pelosi, what is the Constitutional sentence for treason??)
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To: Crazy ole coot
I don't think they can except to blackmail the states with the threat of withholding Federal funding. County sheriffs can kick the Feds out of their counties too so they can't selectively enforce fed laws too. They did it in Catron county NM. There is (or was) a sheriff in WY who told the Feds to take a hike too.
24 posted on 10/21/2011 7:16:31 PM PDT by TigersEye (Life is about choices. Your choices. Make good ones.)
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To: traditional1

Uncle Sam is a deadbeat who does not honor his financial and moral obligations.


25 posted on 10/21/2011 7:31:58 PM PDT by Brilliant
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PLEASE CONSIDER DONATING TO FREE REPUBLIC TODAY OR BECOMING A MONTHLY DONOR

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26 posted on 10/21/2011 7:43:06 PM PDT by RedMDer (Forward With Confidence!)
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To: Hunton Peck
Federal Immigration and Nationality Act State and local law enforcement officials have the general power to investigate and arrest violators of federal immigration

Section 8 USC 1324(a)(1)(A)(iv)(b)(iii)

State and local law enforcement officials have the general power to investigate and arrest violators of federal immigration statutes without prior INS knowledge or approval, as long as they are authorized to do so by state law. There is no extant federal limitation on this authority.

The 1996 immigration control legislation passed by Congress was intended to encourage states and local agencies to participate in the process of enforcing federal immigration laws.

Immigration officers and local law enforcement officers may detain an individual for a brief warrantless interrogation where circumstances create a reasonable suspicion that the individual is illegally present in the U.S. Specific facts constituting a reasonable suspicion include evasive, nervous, or erratic behavior; dress or speech indicating foreign citizenship; and presence in an area known to contain a concentration of illegal aliens.

27 posted on 10/22/2011 12:18:35 AM PDT by NoLibZone (Democrats are violent. Prisons are overflowing with democrats convicted of violent crimes.)
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To: Hunton Peck
Bolton is on a vendetta against Jan Brewer. Because of the prior case and its political fallout she should have recused herself.

And the previous case she should have sent to the Supreme Court as she lacks jurisdiction. The State of Arizona shouldn't have to plead a case before a third tier judge like herself; the court of jurisdiction is and should be the Supreme Court.

28 posted on 10/22/2011 3:02:40 AM PDT by Regulator (Watch Out! Americans are on the March! America Forever, Mexico Never!)
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To: Hunton Peck
A federal judge Friday dismissed Arizona Gov. Jan Brewer's lawsuit that accused the Obama administration of failing to enforce immigration laws or maintain control of her state's border with Mexico.

YAY! One more brick in the wall that will eventually FORCE states and individuals to face federal courts' lack of legitimacy in deciding issues where the feds are one of the parties! Apparently the states and people HAVE to be forced to come to that realization; I'm just dumbfounded that the feds have got away with it for THIS long.

29 posted on 01/31/2013 6:43:19 PM PST by Still Thinking (Freedom is NOT a loophole!)
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To: Still Thinking

Did you notice this story was from October?


30 posted on 01/31/2013 6:58:14 PM PST by Cyber Liberty (Obama considers the Third World morally superior to the United States.)
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To: Cyber Liberty

Yeah, AFTER I posted. October 2011, actually. I had searched on 10A, got distracted for a minute and when I came back, forgot I had searched and thought I was looking at the latest News/Activism. D’oh!


31 posted on 01/31/2013 7:36:52 PM PST by Still Thinking (Freedom is NOT a loophole!)
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To: Still Thinking

That’s OK. But I have to admit I chuckled a little bit, so I had to rib you some. I’ve done it too. I’ve done lots of funny things these past 15 years.

:^)


32 posted on 01/31/2013 7:53:53 PM PST by Cyber Liberty (Obama considers the Third World morally superior to the United States.)
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