Skip to comments.Arizona Defends SB 1070: Border In The Court
Posted on 04/24/2012 6:13:30 PM PDT by raptor22
Immigration: In an unusual move, Arizona's immigration law comes before the Supreme Court before its adjudication by lower courts. Will the high court let states protect their borders by enforcing federal laws the feds won't?
The federal challenge to Arizona's SB 1070, the state law designed to help stem the flow of illegal aliens, is headed to an unexpectedly earlier resolution as the Supreme Court has expedited its review and begins hearing oral arguments on Wednesday. This can't be good news for an administration at war with both Arizona and the courts and already fearful that its landmark legislation, ObamaCare, will soon be overturned as unconstitutional.
Arizona argues that SB 1070 complements rather than infringes upon existing federal law and is necessary because the administration refuses to vigorously enforce its own laws. The administration argues that immigration is a federal, not state, responsibility a responsibility Arizona argues the feds continue to shirk.
The legislation grants state and local police the power to check the immigration status of those with whom they come into contact when they have probable cause to suspect that person may be here illegally. It also requires that legal immigrants carry proof of their status with them, something that's already required by federal law.
What's unusual is that the case has not run its course in the lower courts. Before it was scheduled to go into effect on July 29, 2010, Arizona federal judge Susan Bolton blocked it. Arizona Gov. Jan Brewer appealed Bolton's injunction to the 9th Circuit Court of Appeals, which upheld the preliminary injunction. She then appealed to the U.S. Supreme Court, which has taken the unusual step of hearing a case still at the preliminary injunction level.
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If there is a God in Heaven, AZ 1070 will be upheld.
Since the old havens for illegals are broke (California) or ready to do the same (Texas), this should accelerate the migration back to Mexico already underway.
The kicker here is this is not the State applying its own law — it is the State ENFORCING Federal Law!
After this it is time to go after Holder for his allowing the black panthers to do whatever they want. Go after him personally (in the legal arena).
The Chicago gangsters in the WH belong in prison. Let’s hope at least the conservatives among the Supremes realize this and rule accordingly.
The 1070 SCOTUS decision will be as important as Dred Scott
and will dictate whether there will be civil war in areas of our country now subject to invasion by illegal aliens.
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. Article III, section 2, US Constitution.
So why should it be unusual, given that a State is a party, that the Supreme Court should hear the case prior to the whole circus thing?
Arizona leads the way