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Grijalva, Dems file challenge to SB 1070 with Supreme Court - compare law to case of slain Fla. teen
tucsonsentinel.com ^ | March 27, 2012

Posted on 03/27/2012 7:21:07 PM PDT by Tailgunner Joe

WASHINGTON – House Democrats invoked the name of slain Florida teen Trayvon Martin on Tuesday as they filed a challenge to Arizona’s SB 1070, the immigration law to be heard by the U.S. Supreme Court next month.

The friend-of-the-court brief from 68 Democrats – including both from Arizona – argues that SB 1070 is unconstitutional because it pre-empts federal authority. Southern Arizona's U.S. Rep. Raúl Grijalva led the push for the brief.

But much of the discussion at Tuesday’s news conference centered on Martin, the unarmed black teen killed by a neighborhood watch volunteer who said he was acting in self-defense when he shot the hoodie-wearing youth last month.

Rep. Sheila Jackson Lee, D-Texas, said a law like SB 1070 will give police “the right to be judge and jury,” which could have disastrous results “in a nation where we all are different.” “In one case, a hoodie equals suspicion,” she said. “In another case, it is a tanness of your skin, or the coloration of your skin, or maybe the configuration of your face.”

Supporters of the law called references to Martin an “unfair comparison,” noting that Arizona’s law only applies to police officers – not neighborhood-watch volunteers.

“SB 1070 only allows police officers to question suspected immigration status,” said state Rep. John Kavanagh, R-Fountain Hills. “To invoke the name of that recently killed teenager sensationalizes and emotionalizes a debate that should be logical or rational.”

The debate moves to the Supreme Court on April 25, when the justices will be asked to decide if SB 1070 is an intrusion on federal authority, as the Justice Department claims.

House Democrats said in their brief that it is. They call on the high court to affirm the 9th U.S. Circuit Court of Appeals’ decision blocking the 2010 law “because the Framers vested authority in Congress, not the several states, to determine how federal immigration law is enforced.”

“Arizona should not be able to usurp Congress’s authority through SB 1070,” the brief said.

At the news conference releasing the brief, Grijalva said SB 1070 would promote an unconstitutional system of “patchwork immigration laws from one state to another” instead of consistent enforcement throughout the country.

“Whether or not it (immigration reform) has been neglected … by Congress still doesn’t give the authority to the state of Arizona, to the state of Alabama, to the state of South Carolina, to set their own policy,” Grijalva said. “This is a federal responsibility.”

Rep. Ed Pastor, D-Phoenix, said the issue in the SB 1070 challenge “is to uphold the supremacy clause of the Constitution.”

Pastor and Grijalva were joined by a handful of other lawmakers, many of whom said SB 1070 will open doors to racial profiling in Arizona.

But Kansas Secretary of State Kris Kobach, who co-authored SB 1070, noted that the Justice Department has not made racial profiling part of its lawsuit against Arizona, which he said is proof that racial profiling is not an element.

“SB 1070 is about trained police officers making arrests, not untrained civilians taking the law into their own hands,” Kobach said. “As far as the text of SB 1070, it expressly prohibits it being enforced with regard to a person’s race, ethnicity or national origin.”

He said the Democrats’ brief could not point to “a single federal law that SB 1070 conflicts with.”

Kavanagh, an SB 1070 co-sponsor, also dismissed claims that the law is unconstitutional or that it will lead to racial profiling.

He said the bill does not pre-empt but supports federal law, mirroring “stop-and-identify” laws the Supreme Court upheld in the 1960s. And profiling can only occur if police abuse the law, he said.

“It’s a tool and a tool can be used for good or evil, and you have to rely on your police officers to be good,” Kavanagh said. “If they’re not, you punish them.”

Kavanagh called it unfair to bring Martin’s name into the SB 1070 discussion and Kobach called comparisons to Martin’s death “absurd.”

But Grijalva defended the use of the 17-year-old’s death and the racial profiling argument it raises.

“When you begin to profile people based on how they look, and you begin to profile people based on that criteria only, the consequences are not ever good,” he said.


TOPICS: Front Page News; US: Arizona
KEYWORDS: 2012; aliens; congress; corruption; democrats; fraud; illegalimmigration; immigration; liberalfascism; liberals; sb1070; trayvon; trayvonmartin; zimmerman

1 posted on 03/27/2012 7:21:18 PM PDT by Tailgunner Joe
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To: Tailgunner Joe

Idiots...


2 posted on 03/27/2012 7:22:25 PM PDT by kcvl
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To: Tailgunner Joe

Typical Dems— if they can’t win a case on merit (let alone Constitutionality) then they will once again play the race/victim card.


3 posted on 03/27/2012 7:23:19 PM PDT by sthguard (The DNC theme song: "All You Need is Guv")
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To: Tailgunner Joe
Dems, every single day:

"WOLF!! IT'S A WOLF!! "


4 posted on 03/27/2012 7:24:52 PM PDT by Cringing Negativism Network (There is nothing "public" about government union-controlled schools)
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To: Tailgunner Joe
How about "Stand Your Ground", and/or "The Castle Doctrine", when the Trespassers just happen to be illegals, you don't discriminate, you just shoot to protect yourself and your family.

Seems reasonable that if someone enters your property illegally, un-invited, and in the middle of the night, their activity is a THREAT, and you take no prisoners.

5 posted on 03/27/2012 7:24:52 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: Tailgunner Joe

I’m getting so sick of this sh#^!

I guess it will be Zimmermens fault if Florida gets hit by a Hurricane this year too.


6 posted on 03/27/2012 7:24:58 PM PDT by Shadowstrike (Be polite, Be professional, but have a plan to kill everyone you meet.)
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To: kcvl
That goes without saying.

Grijalva is involved, after all.

7 posted on 03/27/2012 7:25:30 PM PDT by OddLane (If Lionel Hutz and Guy Smiley had a lovechild together, his name would be "Mitt Romney." -KAJ)
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To: Tailgunner Joe

It must be the “Commerce Clause”...where they come across the border to take whatever is FREE, or whatever they want, and Holder will protect them from the Law being enforced.


8 posted on 03/27/2012 7:26:35 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: Shadowstrike

The only hurricane that will happen in Florida is when the Republicans win Florida in November. Hispanics are hopefully beginning to see the DemocRAT party for who they are


9 posted on 03/27/2012 7:27:13 PM PDT by Sarah Barracuda
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To: kcvl
Houston rally demands justice in Trayvon Martin slaying - March 25, 2012 - Sylvia Gonzales, 68, the deputy district director for LULAC, said it affects Latinos as much as blacks. “When they see a black young person, they think he’s up to no good, same with Latinos,” said Gonzales, who added that she marched with Cesar Chavez. “Here we are 40 or 50 years later and the racism doesn’t stop.”
10 posted on 03/27/2012 7:29:24 PM PDT by Tailgunner Joe
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To: Tailgunner Joe

DEPOPULATE National Socialists from the body politic.

http://cpc.grijalva.house.gov/

http://cpc.grijalva.house.gov/index.cfm?sectionid=71&sectiontree=2,71

DEFUND their collectives.

live - free - republic

“Above all, if you wish to be strong, begin by rooting out every particle of socialism that may have crept into your legislation. This will be no light task.” - Frederic Bastiat 1801-1850


11 posted on 03/27/2012 7:30:28 PM PDT by PGalt
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To: Tailgunner Joe
The mass hysteria on the left is stunning.

I take this as a good sign.

They must have some internal polling data that indicates that November is going to be the end of their world as they know it.

12 posted on 03/27/2012 7:44:41 PM PDT by E. Pluribus Unum (Government is the religion of the sociopath.)
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To: Tailgunner Joe
"...“because the Framers vested authority in Congress, not the several states, to determine how federal immigration law is enforced.”

Just to be clear, the Constitution says exactly nothing about immigration. It speaks instead to naturalization - the process by which an immigrant obtains citizenship. (Article 1, Section 8) To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States

This is the singular occurrence of the topic within the whole of the Constitution and among all of the Amendments.

13 posted on 03/27/2012 7:50:45 PM PDT by Sgt_Schultze (A half-truth is a complete lie)
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To: Tailgunner Joe

November 2008

Rep. Raul M. Grijalva (D-Ariz.) may be emerging as a top contender to be Barack Obama’s secretary of the interior, according to sources close to the transition.


14 posted on 03/27/2012 7:53:03 PM PDT by kcvl
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To: Tailgunner Joe
Only now is the hand behind the TM/Z scam being shown. This is just an election stunt like the one ran against Bush. Even being a DemocRAT won't save Senor Zimmerman from the mob of rats.
15 posted on 03/27/2012 8:00:22 PM PDT by Domangart
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To: kcvl

” Rep. Raul M. Grijalva (D-Ariz.) may be emerging as a top contender to be Barack Obama’s secretary of the interior, according to sources close to the transition.”

Sure...he’s perfect....

Communist

Racist

LaRaza

Drunk

Chases young women

Hangs at Indian Casinos.....chasing young women....drunk


16 posted on 03/27/2012 8:13:07 PM PDT by stephenjohnbanker (God, family, country, mom, apple pie, the girl next door and a Ford F250 to pull my boat.)
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To: Tailgunner Joe

frickin’ lunatics!!!


17 posted on 03/27/2012 8:17:19 PM PDT by tina07 (In loving memory of my father,WWII Vet. CBI 10/16/42-12/17/45, d. 11/1/85)
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To: Tailgunner Joe
I sure am lucky "Red" Ed Pastor was my representative before the last redistricting, since then I have been not represented by MeCHA boy Raul Grijalva.

What a pair of loseres.

18 posted on 03/27/2012 9:00:34 PM PDT by c-b 1 (Reporting from behind enemy lines, in occupied AZTLAN.)
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To: Shadowstrike
I guess it will be Zimmerman's fault if Florida gets hit by a Hurricane this year too.

Of course!

19 posted on 03/27/2012 9:50:49 PM PDT by newzjunkey (Newt says, "A nominee that depresses turnout won't beat Barack Obama.")
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To: Domangart
Of course it's a stunt. That's the worst part about Obama wading in. His instinct, as the "Hope and Change" "post-racial" President of the United States, was to electioneer over Trayvon's dead body and Zimmerman's presumed innocence.

He called for soul-searching and I say, "physician heal thy self."

The political strategy of divisive race-baiting is simply despicable. We should weep for American knowing the character of these elected leaders.

20 posted on 03/27/2012 9:59:31 PM PDT by newzjunkey (Newt says, "A nominee that depresses turnout won't beat Barack Obama.")
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To: kcvl
By nature, these libs and cause celebre crusaders are emotive, not tactical people. My bet? Soon Hollywood will come out with a song or T shirts or some such other nonsense.

They would make terrible foxhole mates in the heat of the hot military battle. These would be the ones to either surrender on the spot, crap their pants and have a nervous breakdown, or go into full retreat.

It is good, because what it is, is, they are OVERPLAYING THEIR HAND on Trayvon Martin and the more they ramp it up, the harder they will fall when the truth comes out. They, in their liberal blindness and lack of tactical discernment, cannot see this coming implosion. I say, let them keep on making fools of themselves over this. It will be such a deep hole, no way they will be able to dig out of it, no amount of White House beer sessions between Zimmerman and the New Black Panthers with Obama and Biden pigging out on the peanuts in the middle of the table, making abject asses of themselves in total damage control mode.

21 posted on 03/27/2012 10:20:14 PM PDT by AmericanInTokyo (Feigning past support for a candidate (w/no posting history of it), then suddenly "withdrawing it"?)
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To: Tailgunner Joe; 1_Inch_Group; 2sheep; 2Trievers; 3AngelaD; 3pools; 3rdcanyon; 4Freedom; ...
Ping!

Click the keyword Aliens to see more illegal alien, border security, and other related threads.

22 posted on 03/28/2012 8:22:10 AM PDT by HiJinx
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To: Tailgunner Joe
The very same IDIOT that led his very own state to be boycotted because he didn't want to enforce FED laws on immigration. Gotta have those undocumented demonRATS.
23 posted on 03/28/2012 8:45:21 AM PDT by Cheerio (Barry Hussein Soetoro-0bama=The Complete Destruction of American Capitalism)
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To: stephenjohnbanker

“Rep. Raul M. Grijalva (D-Ariz.) may be emerging as a top contender to be Barack Obama’s secretary of the interior, according to sources close to the transition.”

He also represents the southern Arizona contingent, the liberal yahoos who want to create the state of Baja Arizona. It could use the slogan “The Poorest State in the Southwest.”


24 posted on 03/28/2012 8:51:08 AM PDT by spaced
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To: AmericanInTokyo

Dig the hole deeper, boys : )


25 posted on 03/28/2012 9:08:45 AM PDT by stephenjohnbanker (God, family, country, mom, apple pie, the girl next door and a Ford F250 to pull my boat.)
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To: Tailgunner Joe; HiJinx

Not only Arizona Rep. Raul Grijalva, but Arizona Rep.Ed Pastor too. Both are far left Dems.


26 posted on 03/28/2012 10:17:09 AM PDT by SandRat (Duty - Honor - Country! What else needs said?)
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To: SandRat
Just WTH is wrong with Arizonans? McCain, Grijalva, Pastor?

Is AZ on the way to becoming the next CA, OR or WA?

27 posted on 03/28/2012 10:36:00 AM PDT by bkopto (Obama is merely a symptom of a more profound, systemic disease in American body politic.)
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To: bkopto
Until we get rid of the RINO and the two members of the Socialist Democratic Party Caucus (Commies) it may well be.
28 posted on 03/28/2012 11:20:06 AM PDT by SandRat (Duty - Honor - Country! What else needs said?)
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To: c-b 1

This piece of slime, Grijalva, is unfortunately my representative. Thank God my district is changing to 1 next year, although it’s going to be an open seat and Kirkpatrick is favored to win it....oh goody, another dumbocrat. They did a piss-poor redistricting job BTW.

Mrs. Prince of Space


29 posted on 03/28/2012 4:12:08 PM PDT by Prince of Space (Be Breitbart, baby!)
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To: Prince of Space
The horrible redistricting job was by design, Napolitano holdovers appointed the people to the redistricting commission.

I too am going to be shed of Grijalva. We have the possibility of getting Ron Gould for a representative, I don't know who is favored, I haven't been paying much attention. I have been focused on cleaning up our City Governement, we have a good mayor, but the council is a mess.

30 posted on 03/29/2012 8:31:34 AM PDT by c-b 1 (Reporting from behind enemy lines, in occupied AZTLAN.)
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To: Tailgunner Joe; All

My friend, Gabriella Saucedo Mercer is running against Raul Grijalva. She is the only Republican running and if anyone can unseat that Communist, it’s her. She is a conservative Hispanic naturalized citizen who is winning over the Hispanic community there and they are scared.

Please if you can spare any money, help her out. She is a lovely, driven
Conservative who has put her life on hold. Her website is: http://saucedomercer.com/

Thank you!


31 posted on 03/29/2012 9:58:58 PM PDT by Hildy ("When the debate is lost, slander becomes the tool of the loser." - SocratesHill not text while dri)
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