Skip to comments.Grijalva, Dems file challenge to SB 1070 with Supreme Court - compare law to case of slain Fla. teen
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 Arizonas 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 Tuesdays 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 Arizonas 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 Congresss 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 doesnt 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 persons 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.
Its 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 theyre not, you punish them.
Kavanagh called it unfair to bring Martins name into the SB 1070 discussion and Kobach called comparisons to Martins death absurd.
But Grijalva defended the use of the 17-year-olds 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.
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.
“Rep. Raul M. Grijalva (D-Ariz.) may be emerging as a top contender to be Barack Obamas 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.”
Dig the hole deeper, boys : )
Not only Arizona Rep. Raul Grijalva, but Arizona Rep.Ed Pastor too. Both are far left Dems.
Is AZ on the way to becoming the next CA, OR or WA?
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
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.
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/
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