Kuros
Rookie
- Banned
- #61
You have to wonder why all of this controversial BS from this administration. From the lies of transparency to suing AZ.
Its only controversial to the Administrations political enemies. Otherwise youd need to cite examples of lies of transparency.
Come to think of that, How can they sue a State under the 11th? Maybe that's why this is stuck in there?
Again, the Supremacy Clause. For example:
Alabama Immigration Law HB56 Enjoined by Federal Judge
In a very brief Order issued late today, Judge Sharon Lovelace Blackburn, Chief Judge of the Northern District of Alabama, enjoined the enforcement of HB56:
The Order comes in the consolidated cases of Hispanic Interest Coalition of Alabama v. Bentley; Parsley v. Bentley, and United States v. Bentley. We've previously discussed each of these three lawsuits have been brought against the controversial HB 56.
The Hispanic Interest Coalition case began with a 118 page complaint filed early in July raises eight constitutional claims including claims under the Supremacy Clause (arguing that the state law is pre-empted); Fourth Amendment; Equal Protection Clause; Due Process Clause; First Amendment claims including speech, assembly, and petition clauses, the Contracts Clause, and two Sixth Amendment claims.
Parlsey v. Bentley is the clergy complaint centering on the First Amendment Free Exercise Clause.
United States v. Bentley marks the DOJ's entry into the controversy, raising Supremacy Clause arguments as might be expected.
The law was scheduled to go into effect September 1.
Constitutional Law Prof Blog: Supremacy Clause
Hence the OP and OP article are a non-issue.
The Supremacy Clause? Dude, not in this case. That would render the 11th Amendment meaningless.
Sec. 5 of the 14th Amendment is an important exception to the 11th Amendment. The blog pulled that language out of the provisions dealing with employment discrimination. As we know, the Civil Rights Act's authority against State discrimination comes under Sec. 5 of the 14th Amendment. Fitzpatrick v. Bitzer, 427 U.S. 445 (1976) allows the US to abrogate state sovereign immunity under lawful exercise of its Sec. 5 14th Amendment authority.