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U.S. Constitution
See other U.S. Constitution Articles

Title: Judge Doubts The Constitutionality Of Arizona's Immigration Law
Source: LATIMES
URL Source: http://www.latimes.com/news/nationw ... ation-20100723,0,3498774.story
Published: Jul 22, 2010
Author: Nicholas Riccardi, Los Angeles Times
Post Date: 2010-07-22 18:47:58 by Brian S
Keywords: None
Views: 57454
Comments: 73

Reporting from Phoenix —

A federal judge on Thursday expressed skepticism that a key part of a controversial Arizona law to control illegal immigration is constitutional.

U.S. District Judge Susan Bolton noted at a hearing that the U.S. Supreme Court has long barred states from creating their own immigrant registration systems. She said the Arizona measure's stipulation that makes a crime of failing to have immigration documents may violate that.

John Bouma, the attorney representing Arizona Gov. Jan Brewer, tried to convince Bolton otherwise but eventually gave up. "I didn't have the feeling I persuaded you last week either," he said, alluding to a previous hearing.

Bolton did not issue a ruling.

The statements came as Bolton heard arguments from civil rights groups urging her to stop the law from going into effect July 29. The Obama administration has also sought an injunction. Its arguments will be heard later Thursday afternoon.

Omar Jadwat, an attorney with the ACLU, argued that the law, SB 1070, ignores the complexities of the federal immigration system to focus on trying to drive illegal immigrants from the state. "What we're facing here," he said, "is an attempt by a state to create an interrelated system of immigration laws that displace the federal" statutes.

Bouma said Arizona was only trying to enforce federal laws the U.S. government is ignoring. He urged Bolton not to enjoin the law.

"We're talking about an extraordinary remedy," he said, referring to the requests to halt SB 1070 from taking effect. "We're talking about imposing on the sovereignty of the state."

In addition to making a lack of immigration documents a state crime, the law requires police officers to determine the immigration status of people they lawfully stop who they suspect are in the country illegally. Supporters argue that SB 1070 is needed to protect Arizona from crime spilling over from Mexico.

But civil rights groups contend that the measure will lead to racial profiling, and the Obama administration has said it is an unconstitutional attempt by a state to regulate immigration, which is a federal responsibility.

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#1. To: Brian S (#0)

Clinton Appointee. Just like Felzer.

Democrats can't be trusted in office or on the bench.

If you voted for Obama in 2008, you're too blame for this rotten mess we're now in. You broke it, you own it.

Nebuchadnezzar  posted on  2010-07-22   18:49:39 ET  Reply   Trace   Private Reply  


#2. To: Nebuchadnezzar (#1)

I'm laying in the popcorn and beer for when this 'law' is struck down.

Shouldn't be long now...

Never swear "allegiance" to anything other than the 'right to change your mind'!

Brian S  posted on  2010-07-22   19:02:26 ET  Reply   Trace   Private Reply  


#3. To: Brian S (#2)

Why do you want illegals flooding our country and taking jobs from Americans. Real Americans. Michigan is hurting and you don't seem to give a damn.

A K A Stone  posted on  2010-07-22   19:05:49 ET  Reply   Trace   Private Reply  


#4. To: Brian S (#2)

No shit this Clinton appointee will strike this down in a NY minute.

Duh.

AZ will appeal though.

If you voted for Obama in 2008, you're too blame for this rotten mess we're now in. You broke it, you own it.

Nebuchadnezzar  posted on  2010-07-22   19:06:14 ET  Reply   Trace   Private Reply  


#5. To: Nebuchadnezzar (#4)

Clinton is still damaging our country.

A K A Stone  posted on  2010-07-22   19:06:57 ET  Reply   Trace   Private Reply  


#6. To: A K A Stone (#3)

Why do you want illegals flooding our country and taking jobs from Americans. Real Americans. Michigan is hurting and you don't seem to give a damn.

"A Republic, if you can keep it."

If you voted for Obama in 2008, you're too blame for this rotten mess we're now in. You broke it, you own it.

Nebuchadnezzar  posted on  2010-07-22   19:06:59 ET  Reply   Trace   Private Reply  


#7. To: A K A Stone (#5)

Clinton is still damaging our country.

So is Carter.

Carter = Iran terrorist nation.

If you voted for Obama in 2008, you're too blame for this rotten mess we're now in. You broke it, you own it.

Nebuchadnezzar  posted on  2010-07-22   19:07:40 ET  Reply   Trace   Private Reply  


#8. To: A K A Stone (#3)

Why do you want illegals flooding our country and taking jobs from Americans.

I don't want them here anymore than you but I do take delight in watching you and your neocon friends squeal like stabbed pigs when you don't get your way.

Never swear "allegiance" to anything other than the 'right to change your mind'!

Brian S  posted on  2010-07-22   19:12:37 ET  Reply   Trace   Private Reply  


#9. To: Brian S (#8)

So you are saying your hatred of conservatives outweight the love for your country? That is what it sounds like to me.

A K A Stone  posted on  2010-07-22   19:22:07 ET  Reply   Trace   Private Reply  


#10. To: A K A Stone (#9)

So you are saying your hatred of conservatives outweight the love for your country?

No more or less than the conservatives hatred of liberals.

Their blatant attempts to keep this economy in the tank certainly shows no love for your country and its citizens.

Never swear "allegiance" to anything other than the 'right to change your mind'!

Brian S  posted on  2010-07-22   19:38:39 ET  Reply   Trace   Private Reply  


#11. To: A K A Stone (#9)

My prayer is that white guilters like BS get to meet an illegal alien head on.

Drunk Driving Illegal Alien Pleads Guilty in Death of Michigan Grandfather [Brenda Walker] @ 7:33 pm [Email author] [Email this article] [Print this article] After spending a July evening dining at a restaurant with his family, Leonard Dykstra (pictured) was struck down and killed on the way home by a drunk driving illegal alien.

Efrain Garcia-Miron, whose blood alcohol level was twice the legal limit, pleaded guilty on Dec. 7 and will be sentenced in January. A witness stated that Garcia-Miron drove erratically before he swerved across the lane and crashed head-on into Dykstra’s vehicle.

[Grandpa killed 3 minutes from home, Grand Rapids Ch 8, July 27, 2009]

Am I a liberal or a conservative? - Fredo Mertz

Jethro Tull  posted on  2010-07-22   19:39:21 ET  (1 image) Reply   Trace   Private Reply  


#12. To: Brian S (#0)

The Mouth Breathers here, wholly ignorant of the concept of enumerated powers, will be banging their cups against the bars tonight.

war  posted on  2010-07-22   20:57:44 ET  Reply   Trace   Private Reply  


#13. To: Brian S (#10)

Obama is the one taking the debt to unbelieveable heights.

Obama passed healthcare which is unconstitutional and will bankrupt us further.

Obama is for taxing energy to destroy us.

What exactly did the R's do to tank the economy?

And it is you who champion illegals. Just to "get back" at conservatives.

A K A Stone  posted on  2010-07-23   0:53:49 ET  Reply   Trace   Private Reply  


#14. To: war (#12)

What do you breathe out of? Your gills?

A K A Stone  posted on  2010-07-23   0:54:26 ET  Reply   Trace   Private Reply  


#15. To: A K A Stone (#14)

What do you breathe out of? Your gills?

I don't know about you but I breathe in and out of my nose, unless I have a cold.

"See in my line of work, you got to keep repeating things over and over and over again for the truth to sink in, to kind of catapult the propaganda." --- George W. Bush (Rochester NY, 5-24-2005)

mininggold  posted on  2010-07-23   0:56:50 ET  Reply   Trace   Private Reply  


#16. To: Brian S (#0)

Arizona Immigration Law has been very controversial and many times the Government tries to help the individuals and ends up creating more chaos instead. The Financial Reform bill is another example; it is meant to protect the individuals and keep the big banks from taking over the financial supplies; however they could hurt Americans also if they eliminate payday lending. The Government doesn't seem to have a firm grasp on just how reliant American's are on their services; and their fees are only to keep them in business to. Their goal is not to get rich off of you, their intention is to provide you with a desired service.

KellyD  posted on  2010-07-23   1:42:26 ET  Reply   Trace   Private Reply  


#17. To: A K A Stone (#14) (Edited)

I breathe through my nose.

But thanks for confirming.

war  posted on  2010-07-23   6:33:17 ET  Reply   Trace   Private Reply  


#18. To: A K A Stone (#13)

What exactly did the R's do to tank the economy?

There was a total abdication of regulatory oversight exhibited by the Comptroller of the Currency during Boy Blunder's reign of error. Had he been paying any level of attention to what non bank lenders were doing this whole crisis could have been averted.

There was a total abdication of regulatory oversight exhibited by Alan Greenspan who had no worries about cautioning the Congress about the GSE's but insanely claimed that market risk was MITIGATED by derivatives.

war  posted on  2010-07-23   7:58:54 ET  Reply   Trace   Private Reply  


#19. To: A K A Stone (#13)

And it is you who champion illegals. Just to "get back" at conservatives.

Forget it Stone - you're wasting your time.

Statists (they're NOT liberals) will support ANYTHING that advances the federal leviathan. (well, let me amend that. In their stupidity and blind hatred, they won't support an R like Bush BECAUSE he's an R - even though Bush advanced their cause by growing the gov't faster than any POTUS since LBJ.)

They are not honest. They cannot be argued with - you cannot argue logically with someone when you can't even agree on terms. ("Racist" means whatever the hell I say it means today.)

These dis-honest clowns WILL be defeated. Oh, not by the stupid party (aka the GOP) in an election.

No, they will be defeated when this economy comes crashing down around their (and unfortunately, our) heads.

Too bad their defeat will come at the cost of the destruction of the USA as we know it.

-------------------------------------------------------------------------------


Wooo-Hooo!! Republicans are poised to win in November.

Ignore Amos  posted on  2010-07-23   8:22:39 ET  Reply   Trace   Private Reply  


#20. To: Brian S (#10)

Their blatant attempts to keep this economy in the tank

You talking about the President Tarball Administration?

The economy would have recovered long ago if not for his destructive policies towards business.

no gnu taxes  posted on  2010-07-23   8:43:13 ET  Reply   Trace   Private Reply  


#21. To: Ignore Amos (#19) (Edited)

Under the USCON - which you folks foam at the mouth about being obeyed - puts immigration SQUARELY under the jurisdiction of the Federal Government.

"Aliens" legally or illegally enter the UNITED STATES.

war  posted on  2010-07-23   8:44:19 ET  Reply   Trace   Private Reply  


#22. To: no gnu taxes (#20)

The economy would have recovered long ago if not for his destructive policies towards business.

Your evidence for this is what?

war  posted on  2010-07-23   8:49:46 ET  Reply   Trace   Private Reply  


#23. To: war (#21)

Under the USCON which you folks foam at the mouth about being obeyed puts immigration SQUARELY under the jurisdiction of the Federal Government.

Got it! Fine. Then AZ should not pass a law REINFORCING a law that the FEDGOV refuses to enforce.

Rather, they should just round up all the illegals, put them on a train, and ship them to DC.

FEDGOV is hellbent on importing illegals? Fine. Let them deal with them, then.

-------------------------------------------------------------------------------


Wooo-Hooo!! Republicans are poised to win in November.

Ignore Amos  posted on  2010-07-23   8:51:24 ET  Reply   Trace   Private Reply  


#24. To: war (#18)

There was a total abdication of regulatory oversight exhibited by the Comptroller of the Currency during Boy Blunder's reign of error

Thanks for finally admitting it is Obamas fault.

A K A Stone  posted on  2010-07-23   8:55:43 ET  Reply   Trace   Private Reply  


#25. To: war (#17)

You and mining think your ancestors breathed through their gills. You don't have a nose. So that isn't possible.

A K A Stone  posted on  2010-07-23   8:58:02 ET  Reply   Trace   Private Reply  


#26. To: war (#18)

There was a total abdication of regulatory oversight exhibited by the Comptroller of the Currency during President Bush's term

More BS from the king of BS.

Over 70 percent of the non-prime mortgages were made by lenders that came under state law. More than half were made by lenders that were ONLY subject to state law. These were the loans with the highest levels of foreclosure, and the OCC had nothing to do with them. These horrible lending practices were fueled solely by liberal Democrat policies.

There was a total abdication of regulatory oversight exhibited by Alan Greenspan

The Fed is not an "R"

no gnu taxes  posted on  2010-07-23   9:05:49 ET  Reply   Trace   Private Reply  


#27. To: no gnu taxes (#26)

These horrible lending practices were fueled solely by liberal Democrat policies.

You blame state governments AND democrats. Kewel...

Greenspan IS a republican, doof.

“It is widely recognized that the worst subprime loans that have caused the most foreclosures were originated by nonbank lenders and brokers regulated exclusively by the states. Although the OCC has little rulewriting authority in this area, we have closely supervised national bank subprime lending practices. As a result, national banks originated a relatively smaller share of subprime loans and applied better standards, resulting in significantly fewer foreclosures – as demonstrated in an attachment to this speech prepared last year by OCC staff,” he said.

“Meanwhile, nothing in federal law precluded states from effectively regulating their own nonbank mortgage lenders and brokers,” he added. “Indeed, that’s why the plan’s grant of strong rulewriting and enforcement authority at the federal level over the shadow banking system of unregulated financial providers, through the CFPA, is such a good idea.”

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

The OCC HAS regulatory authority to intervene when the lending is interstate.

war  posted on  2010-07-23   9:10:55 ET  Reply   Trace   Private Reply  


#28. To: no gnu taxes (#26)

You really enjoy kicking his ass don't you? Can't say I blame you.

A K A Stone  posted on  2010-07-23   9:10:58 ET  Reply   Trace   Private Reply  


#29. To: A K A Stone (#28) (Edited)

Chuckles...how'd the other guy look?

war  posted on  2010-07-23   9:11:46 ET  Reply   Trace   Private Reply  


#30. To: A K A Stone (#25) (Edited)

You and mining think your ancestors breathed through their gills. You don't have a nose. So that isn't possible.

I'm sure on some small level there was either a point or the belief of wit.

My eyes just aren't that good any more.

war  posted on  2010-07-23   9:13:39 ET  Reply   Trace   Private Reply  


#31. To: war (#27)

It is democrats who are destroying the economy. With their you don't have to work to get money religion.

It is democrats who didn't pay back their loans. At least 90 percent of it.

A K A Stone  posted on  2010-07-23   9:14:44 ET  Reply   Trace   Private Reply  


#32. To: Ignore Amos (#23)

Then AZ should not pass a law REINFORCING a law that the FEDGOV refuses to enforce.

Do you believe that Arizona enforces EVERY law that it has on its book. And the Feds DO enforce immigration law.

war  posted on  2010-07-23   9:15:29 ET  Reply   Trace   Private Reply  


#33. To: A K A Stone (#31)

It is democrats who are destroying the economy.

Chuckles...too bad the recession started thanks to a GOP POTUS and his moronic policies.

war  posted on  2010-07-23   9:16:46 ET  Reply   Trace   Private Reply  


#34. To: war (#27)

Greenspan IS a republican

The Fed is not an R

Never saw you bitch about what he was doing during sinkboy's term.

Although the OCC has little rulewriting authority in this area, we have closely supervised national bank subprime lending practices. As a result, national banks originated a relatively smaller share of subprime loans and applied better standards,

Sounds like the OCC was indeed doing their job

no gnu taxes  posted on  2010-07-23   9:16:46 ET  Reply   Trace   Private Reply  


#35. To: war (#33)

You just like the D's because they give you food stamps and welfare so you can sit on your ass all day 24/7 on the internet. Eating potato chips and popcorn.

A K A Stone  posted on  2010-07-23   9:21:33 ET  Reply   Trace   Private Reply  


#36. To: no gnu taxes (#34)

Never saw you bitch about what he was doing during sinkboy's term.

I have no idea what that means.

I have never been a fan of Alan Greenspan. Ever. He's a deflationist and his lack of oversight resulted in most the crisis' that he was given credit for "solving".

war  posted on  2010-07-23   9:26:43 ET  Reply   Trace   Private Reply  


#37. To: A K A Stone (#35)

Dude...is the backspace key on your keyboard malfucntioning? Potted plants are wittier than you.

war  posted on  2010-07-23   9:27:49 ET  Reply   Trace   Private Reply  


#38. To: no gnu taxes (#34)

Sounds like the OCC was indeed doing their job

Get your hearing checked.

That advised, you've claimed that it was the banking industry, specifically, CRA that caused the crisis. Now you're defending and agreeing with the OCC. Seems to me as if you're agreeing with me that CRA did not cause the problem because OCC was doing its job.

war  posted on  2010-07-23   9:29:40 ET  Reply   Trace   Private Reply  


#39. To: war (#32)

Do you believe that Arizona enforces EVERY law that it has on its book.
How would I know? And what's that have to do with the question at hand?
And the Feds DO enforce immigration law.
Suuuuuuure they do.

It's statements like that which cause folks not to take you seriously, war.

-------------------------------------------------------------------------------


Wooo-Hooo!! Republicans are poised to win in November.

Ignore Amos  posted on  2010-07-23   11:19:14 ET  Reply   Trace   Private Reply  


#40. To: Ignore Amos (#39)

Suuuuuuure they do.

You have an issue with the First Amendment now?

war  posted on  2010-07-23   11:35:32 ET  Reply   Trace   Private Reply  



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