Georgia passes immigration bill similar to Arizona's

[C_Clayton_Jones]

Arizona going to Supreme Court on immigration
5/9/2011 - The state wants the court to overturn a ruling that put controversial parts of the enforcement law on hold.

Not going to happen.

Brewer's lawyers argued the federal government hasn't effectively enforced immigration law at the border and in Arizona's interior and that the state's intent in passing the law was to assist federal authorities as Congress has encouraged.

Irrelevant.

If the Federal government isn’t addressing the issue of illegal immigration in Arizona to the state’s satisfaction, then the state’s representatives in Washington may attempt to remedy the situation in the appropriate legislative venue.

In addition:

…the legislation runs afoul of the exclusive right of the federal government to regulate immigration. Attorneys for the Department of Justice said letting Arizona have its own laws also interferes with the ability of the federal government to manage relations with other countries.

A trial judge agreed, enjoining the state from enforcing key provisions. That includes a requirement for police to check the immigration status of those they have stopped if there is reason to believe they are in this country illegally.

Last month, a panel of the 9th Circuit, in a 2-1 ruling, left the injunction in place.

In seeking high court intervention to let the statute be enforced, Horne acknowledged that the state needs first to prove the law is likely constitutional.

In issuing injunctions, courts also weigh the “balance of hardships’’ among the parties. In this case, the state now needs to show that its hardships from not being able to enforce the law outweigh the hardships placed on the federal government.

Arizona taking SB 1070 appeal to U.S. Supreme Court - East Valley Tribune: Immigration

From the Ninth Circuit’s ruling:

I. General Preemption Principles
[1] The federal preemption doctrine stems from the
Supremacy Clause, U.S. Const. art. VI, cl. 2, and the “fundamental
principle of the Constitution [ ] that Congress has the
power to preempt state law.” Crosby v. Nat’l Foreign Trade
Council, 530 U.S. 363, 372 (2000).

http://www.ca9.uscourts.gov/datastore/opinions/2011/04/11/10-16645.pdf

 

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I knew there was a reason I always liked Georgia.....

I love those Georgia cashews!

 

[007]

Got an old Air Force buddy that lives in Albany, Georgia that I'm planning on visiting this winter. I'm looking forward to it even more now. I'll be more than happy to support Georgia's economy this winter. They appear to be on the right track.