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Judge Blocks Controversial Parts of Arizona Immigration Law
WSJ ^ | July 28, 2010 | Staff

Posted on 07/28/2010 12:06:46 PM PDT by lbryce

Edited on 07/28/2010 12:08:17 PM PDT by Admin Moderator. [history]

Well, just as soon as we write that the controversial immigration law in Arizona is about to go in effect, the whole regime gets upended.

Thatís right. A federal judge in Phoenix put on hold the most controversial provisions of the state immigration law slated to take effect Thursday. Click here for the Associated Press story.


(Excerpt) Read more at blogs.wsj.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Government
KEYWORDS: alieninvasion; aliens; arizona; byebyeusa; illegals; injustice; noruleoflaw
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1 posted on 07/28/2010 12:06:50 PM PDT by lbryce
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To: lbryce

Weird, if you are a legal green card holder, the feds require you to have your green card on you at all times, and produce it when stopped.

The rule of law took a big hit today ... Just what Obama wants, shred the rule of law so he can instead have the rule of Obama.


2 posted on 07/28/2010 12:10:11 PM PDT by Tarpon (Obama-Speak ... the fusion of sophistry and Newspeak. It's not a gift, it's just lies.)
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To: lbryce

Screwed again.


3 posted on 07/28/2010 12:10:11 PM PDT by truthkeeper ( Remember in November: VOTE THE BUMS OUT!)
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To: lbryce

Simple Question.

Doesn’t this mean the federal government also violates citizens’ rights by checking their immigration status, or requiring anything of immigrants?

So then nothing can be done? Insanity.


4 posted on 07/28/2010 12:12:46 PM PDT by Williams
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To: lbryce

So al these pissant employers that hire illegals get to keep supporting the invasion?


5 posted on 07/28/2010 12:12:46 PM PDT by Marty62 (marty60)
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To: Williams

Don’t try to make sense of it. It’s just blatant partisanship.


6 posted on 07/28/2010 12:15:24 PM PDT by swain_forkbeard (Rationality may not be sufficient, but it is necessary.)
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To: lbryce

I like the quote in the Washington Post story:

“Our message for tomorrow is noncompliance,” said Liz Hourican, an organizer with the group Code Pink, which is involved in the protests. “Don’t buy, don’t comply and peaceful resistance. We’re telling people don’t bring your papers, don’t bring your IDs.”

Not very smart advice particularly if you are hispanic. No papers, no i.d. -> conclusion is that you are illegal and you will get deported on the next bus to the border. Apparently she is too young to have seen the Cheech and Chong movie Born in East LA (with the song, now hit it boys...)


7 posted on 07/28/2010 12:16:02 PM PDT by KingofZion
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To: lbryce

I am not being sarcastic, but what happens if an illegal is pulled over and has no license, no insurance and no proof of anything? They just let them go? How come I have to show ID? Maybe I will refuse next time I am asked?

Why does AZ listen to this Unconstitutional decision? NJ did not change their gun laws when McDonald vs Chicago said the 2A applies to the states... why are we CHUMPS?


8 posted on 07/28/2010 12:16:15 PM PDT by mikelets456
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To: lbryce; ding_dong_daddy_from_dumas; stephenjohnbanker; DoughtyOne; FromLori; Gilbo_3; NFHale; ...

This is a great reason to get rid of progressive RINO Senator Lindsey Graham who voted to pass Elena Kagan when lawsuits are being filed all over the country to over-rule immigration laws.

This is how RINOs work. They put in judges to do their dirty work. Everyone knows Graham is for amnesty and against enforcement but just cant risk talking about it. So passing this judge kills a great issue. The least Graham could have done was let this be a national constitutional debate by holding it up till the ruling.


9 posted on 07/28/2010 12:16:58 PM PDT by sickoflibs ( "It's not the taxes, the redistribution is the federal spending=tax delayed")
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To: Williams
I think this was done to stall and delay until after next election so the Dims and RINO apparatchiks can promise crimaliens will be left alone at least until the sell-outs can be thrown out of office.
10 posted on 07/28/2010 12:17:03 PM PDT by WOBBLY BOB (drain the swamp! ( then napalm it and pave it over ))
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To: lbryce

I am so mad I cant see straight. FURIOUS!!


11 posted on 07/28/2010 12:17:43 PM PDT by GoCards ("We eat therefore we hunt...")
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To: Williams

So state and local police can no longer aid in kidnapping cases? This too is a Federal law.


12 posted on 07/28/2010 12:18:00 PM PDT by Ingtar (If he could have taxed it, Obama's hole would have been plugged by now.)
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To: lbryce

NONE of the law was controversial.


13 posted on 07/28/2010 12:18:04 PM PDT by july4thfreedomfoundation (The rallying cry of American patriots.....REMEMBER IN NOVEMBER!)
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To: lbryce

Do not get discouraged. This fight is far from over.


14 posted on 07/28/2010 12:18:07 PM PDT by Uncle Hal
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To: Marty62

Why don’t the police in Arizona jail EVERYBODY who is caught driving without a drivers license and/or insurance? The net effect would be similar to the misdemeanor offense under the Arizona law in question.


15 posted on 07/28/2010 12:19:39 PM PDT by forgotten man (forgotten man)
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So if a presumed muslim terrorist sneaks across the border, we cannot ask to see his papers? And the IRS can harrass US citizens to show proof of health insurance papers? This will further boost election turnout in 97 days.........


16 posted on 07/28/2010 12:19:49 PM PDT by NOBO2
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To: GoCards
I can hardly write this post I am so furious!!!!!

Just close down Customs and Immigration at all airports and borders. Let everyone in Obama.

How can one judge make such a critical decision. Revene the Supreme Court ASAP!

17 posted on 07/28/2010 12:22:29 PM PDT by not2worry (WHAT GOES AROUND COMES AROUND)
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To: lbryce

Although disappointing it will possibly eventually have the courts try to force the feds to enforce the border. The state will win in the end but it will take a while.


18 posted on 07/28/2010 12:23:40 PM PDT by DCmarcher-976453 (SARAH PALIN 2012)
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To: mikelets456

The new law would have REQUIRED officers to check immigration status under certain conditions. But what PREVENTS officers from doing so? Did the part of the new law stand that makes it an Arizona crime to be in the US illegally?


19 posted on 07/28/2010 12:24:01 PM PDT by swain_forkbeard (Rationality may not be sufficient, but it is necessary.)
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To: lbryce

One reason given by the judge is that it “burdens lawfully-present aliens because their liberty will be restricted while their status is checked.”

I get stopped for a traffic matter. In the course of it, as I understand it, the police will check me and my vehicle for warrants, etc. How does this not burden me because my liberty is being restricted while my status is being checked.


20 posted on 07/28/2010 12:25:35 PM PDT by jim macomber (Author: "Bargained for Exchange", "Art & Part", "A Grave Breach" http://www.jamesmacomber.com)
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To: truthkeeper
“Screwed again.”

Perhaps not. This judge has opened a can of worms that not even ohbummer will be able to stop.

From the previous post: “Weird, if you are a legal green card holder, the feds require you to have your green card on you at all times, and produce it when stopped.”

How the hell are they going to mandate that NOW!!!!!

21 posted on 07/28/2010 12:25:50 PM PDT by BornToBeAmerican (Give me a hand up, not a hand out)
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To: Tarpon
The rule of law took a big hit today ... Just what Obama wants, shred the rule of law so he can instead have the rule of Obama.

Voters all over the country are paying close attention to the way Obama is keeping this crisis boiling to try to force comprehensive immigration on us.

Americans along the border are being killed while the government stands by and does nothing.

On election day will witness a major sea change in the United States of America, in one direction or the other.

22 posted on 07/28/2010 12:27:35 PM PDT by oldbrowser (Barack the Bungler must step down.)
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To: Tarpon
“Weird, if you are a legal green card holder, the feds require you to have your green card on you at all times, and produce it when stopped.”

Having become a US Citizen LEGALLY, I had to carry my Green card with me at all times, for failing to produce it on demand was and still is a Federal offense.

Oh this is going to be over turned so quick. Hopefully the good Gov of AZ just ignores it and goes on as planned

23 posted on 07/28/2010 12:29:24 PM PDT by BornToBeAmerican (Give me a hand up, not a hand out)
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To: lbryce

What are the plans to successfully end: all political correctness, all leftist legislation, and all activist judicialism, at all levels? There needs to be a foolproof plan that really does end all of this, or else, what are non-leftists campaigning for? Actually end all of this leftist crap, forever!


24 posted on 07/28/2010 12:29:52 PM PDT by johnthebaptistmoore (If leftist legislation that's already in place really can't be ended by non-leftists, then what?)
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To: lbryce

We all saw this coming a mile away.

We cannot trust our courts any longer.

It is only a matter of time before we have to resort to something other than the law.


25 posted on 07/28/2010 12:30:06 PM PDT by Da Coyote
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To: Marty62; pissant

“So al these pissant employers that hire illegals get to keep supporting the invasion?”

This is BOGUS!


26 posted on 07/28/2010 12:30:54 PM PDT by Dr. Bogus Pachysandra ( Ya can't pick up a turd by the clean end!)
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To: Marty62

Pissant is hiring illegal immigrants? No wonder he hates Sarah Palin so much!


27 posted on 07/28/2010 12:31:56 PM PDT by johnthebaptistmoore (If leftist legislation that's already in place really can't be ended by non-leftists, then what?)
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To: Dr. Bogus Pachysandra; pissant

LMAO


28 posted on 07/28/2010 12:32:39 PM PDT by kevao
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To: Dr. Bogus Pachysandra

what part? The post or “employers that hire illegals get to keep supporting the invasion”


29 posted on 07/28/2010 12:32:52 PM PDT by BornToBeAmerican (Give me a hand up, not a hand out)
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To: mikelets456

Sounds like a violation of the equal protection
clause of the 14th amendment. If law enforcement
can’t require paperwork from illegals, they can’t
require it of citizens either.


30 posted on 07/28/2010 12:35:01 PM PDT by Myrddin
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To: forgotten man

I was just thinking this solution. IF driving without a license in AR. is a crime(misdemeanor) Arrest them and take them to the jail and THEN do the CHECK. Problem solved.


31 posted on 07/28/2010 12:35:18 PM PDT by Marty62 (marty60)
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To: DCmarcher-976453

In your dreams! We have become a nation of judge’s “opinions” rather than a nation of laws.


32 posted on 07/28/2010 12:40:10 PM PDT by Dapper 26
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To: lbryce

I’m getting to the end of my rope.


33 posted on 07/28/2010 12:48:25 PM PDT by alice_in_bubbaland (Professional Politicians are a Threat to the Republic! Remove them on 11-3-10!)
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To: jim macomber
One reason given by the judge is that it “burdens lawfully-present (aliens) because their liberty will be restricted while their status is checked.”

What aboout sobriety checkpoints?

34 posted on 07/28/2010 12:50:50 PM PDT by pfflier
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To: pfflier

This means that the AZ police should haul every law breaker into jail..no tickets for no license and no insurance..just haul them in and then they can determine their status. I imagine that Sheriff Joe will have his take on this as well.


35 posted on 07/28/2010 12:57:23 PM PDT by Oldexpat
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To: lbryce

...and now the Mexification of the Southwestern United States will continue unabated.


36 posted on 07/28/2010 12:58:06 PM PDT by Towed_Jumper (Stephen Hopkins: Founding Father who had Cerebral Palsy.."My hand trembles, my heart does not.")
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To: lbryce
Another decision from the 9th Circuit, which exists to give SCOTUS practice in overturning decisions.
37 posted on 07/28/2010 1:00:06 PM PDT by rhema ("Break the conventions; keep the commandments." -- G. K. Chesterton)
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To: BornToBeAmerican

I suggest you check out comment #28. Then my post #26 again. A lame joke but,,,,,,,,


38 posted on 07/28/2010 1:05:28 PM PDT by Dr. Bogus Pachysandra ( Ya can't pick up a turd by the clean end!)
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To: pfflier
Absolutely.

When the sobriety checkpoints were challenged as violating fourth amendment rights, the courts acknowledged they in fact did so. The courts then determined that the fourth amendment violation, which would otherwise be unconstitutional, should stand anyway because the checkpoints address a "compelling state interest". They found keeping drivers who'd been drinking off the streets was a "compelling state interest".

Even if the Arizona law were otherwise unconstitutional, and in my opinion it is not, are not addressing illegal immigration, protecting the borders and national security "compelling state interests".

39 posted on 07/28/2010 1:12:20 PM PDT by jim macomber (Author: "Bargained for Exchange", "Art & Part", "A Grave Breach" http://www.jamesmacomber.com)
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To: jim macomber
One reason given by the judge is that it “burdens lawfully-present aliens because their liberty will be restricted while their status is checked.”

This of course means there can be no more DUI check points, not even on New Years. Good news for the Kennedys.

40 posted on 07/28/2010 1:12:21 PM PDT by DaveyB (Fear is the foundation of most governments -- John Adams)
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To: DaveyB

Very good point. Of course, how many courts have ruled that DUI check points are illegal?

It would be interesting to see what the rules are in that district for DUI check points.


41 posted on 07/28/2010 1:16:50 PM PDT by RummyChick
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To: lbryce

They do not want us to organize a resistance. They do not want the state to combat drug and human traffic I guess. It’s completely unconstitutional.


42 posted on 07/28/2010 1:18:19 PM PDT by JudgemAll (Democrates Fed. job-security Whorocracy & hate:hypocrites must be gay like us or be tested/crucified)
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To: Da Coyote
We cannot trust our courts any longer.

No we can't and thats how we almost got Al Gore in 2000 and how we got Al Franken in '08. I look for the same kind of shenanigans from all 50 states come November. Rogue judges and partisan Secretaries of States.

43 posted on 07/28/2010 1:29:31 PM PDT by beckysueb (January 20, 2013. When Obama becomes just a skidmark on the panties of American history.)
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To: sickoflibs
This is how RINOs work. They put in judges to do their dirty work. Everyone knows Graham is for amnesty and against enforcement but just cant risk talking about it. So passing this judge kills a great issue. The least Graham could have done was let this be a national constitutional debate by holding it up till the ruling.

I think you're right, sickoflibs.

44 posted on 07/28/2010 1:38:04 PM PDT by GOPJ (..Liberalism is Intolerance..- - Freeper Eric in the Ozarks)
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To: jim macomber
"One reason given by the judge is that it “burdens lawfully-present aliens because their liberty will be restricted while their status is checked.”

I get stopped for a traffic matter. In the course of it, as I understand it, the police will check me and my vehicle for warrants, etc. How does this not burden me because my liberty is being restricted while my status is being checked.


I'm a "lawfully-present alien" who became a US citizen 23 years ago, and let me assure the judge that I would not consider my liberty restricted if my status has to be checked if it means that ILLEGAL immigrants are deterred from coming here.

You know when my liberty is restricted, Judge? When I have to pay to clothe,house and provide education for the illegal immigrants and their kids who broke the law!!
45 posted on 07/28/2010 1:41:27 PM PDT by mom3boys (I am an Arizonan. Thanks for supporting us!)
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To: truthkeeper
time for civil disobedience, from now on refuse to show your ID every time it is asked for at the bank at the airport wherever
until our government makes illegals prove they are here legally I refuse to prove that I am here legally
46 posted on 07/28/2010 1:43:53 PM PDT by edzo4 (You call us the 'Party Of No', I call us the resistance.)
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To: edzo4

The most telling thing about all this is the Administration’s admission that immigration has become such a problem that we do not have the resources to handle the large number of illegals that would require deportation.

Instead of pressing for an injunction, it seems that the administration would be considering an emergency deployment of troops to secure our porous border.

This whole issue is simply the result of our nation’s failure to secure our border for the past 20 years!

I find this entire matter quite infuriating. Perhaps we could redirect the health care money to administering the deportation of illegals and in so doing, this alone may alleviate the strain on our health care system.


47 posted on 07/28/2010 1:52:09 PM PDT by NOVACPA
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To: lbryce

My response to Susie:

Regarding your decision on AZ SB1070, FU! I REFUSE to accept your decision. The Dred Scott decision was the worst ever by ANY court in this country, that is, until your decision today. That decision led to the war that split this country asunder. Will your decision do the same?

Today, you have stood the Constitution on its head. You have made all state governments subjects of the federal government. You have created a dictatorship through usurpation. You have given the federal government unlimited control over every American, i.e., slavery!

Not bad for a day’s work. Now try enforcing your decision. I was born a free man and I will die as one.


48 posted on 07/28/2010 1:53:11 PM PDT by NTHockey (Rules of engagement #1: Take no prisoners)
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To: NOVACPA
Perhaps we could redirect the health care money to administering the deportation of illegals and in so doing, this alone may alleviate the strain on our health care system

or perhaps they could spend some of the $750,000,000* per week paid to the unemployed to go and work protecting the border, win win less unemployment + a secure border

* http://news.yahoo.com/s/ap/20100722/ap_on_bi_ge/us_unemployment_benefits

The move ended an interruption that cut off payments averaging about $300 a week to 2 1/2 million people who have been unable to find work

49 posted on 07/28/2010 2:40:36 PM PDT by edzo4 (You call us the 'Party Of No', I call us the resistance.)
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To: sickoflibs

This is a great reason to get rid of progressive RINO Senator Lindsey Graham who voted to pass Elena Kagan when lawsuits are being filed all over the country to over-rule immigration laws.

This is how RINOs work. They put in judges to do their dirty work. Everyone knows Graham is for amnesty and against enforcement but just cant risk talking about it. So passing this judge kills a great issue. The least Graham could have done was let this be a national constitutional debate by holding it up till the ruling


How about getting rid of John McCain first?

Arizona can take giant steps in the fight against Illegal Alien Amnesty by voting for JD Hayworth in a few weeks

If you are not 100% behind JD Hayworth in the primary.....YOU ARE A SUPPORTER OF ILLEGAL ALIEN AMNESTY. Plain and simple. A vote for McCain is a vote for Amnesty


50 posted on 07/28/2010 4:00:34 PM PDT by UCFRoadWarrior (JD for Senate ..... jdforsenate.com. You either voting for JD, or voting for the Liberal...)
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