Official: Justice Department plans to sue over Arizona law

[Angelhair]

(CNN) -- Obama administration lawyers are planning to file a legal challenge to a controversial Arizona immigration law within a month, according to a senior administration official.

The Justice Department would not confirm the claim, saying only that "The Justice Department is continuing to review the law."

Federal government lawyers who have been working on the expected challenge for several weeks will most likely file their arguments in federal court in Phoenix in the days leading up to July 28, when the statute is scheduled to take effect, the official said.

Although the Justice Department indicates no final decisions have been made at this point, officials were put on the spot when Secretary of State Hillary Clinton said in a recent television interview in Ecuador the government "will be bringing a lawsuit" in the case.

Administration officials have indicated the question of Arizona usurping federal authority to control the border and enforce immigration law is the most likely federal point of attack against the state law signed by Gov. Jan Brewer earlier this year.

Official: Justice Department plans to sue over Arizona law - CNN.com

It ain't gonna fly........

 

[Terral]

Hi Angel:

Thank you again for standing up for real American Citizens watching our country go down the tubes in this Illegal Alien Invasion ...

(CNN) -- Obama administration lawyers are planning to file a legal challenge to a controversial Arizona immigration law within a month, according to a senior administration official.

The fact is that American Citizens have a Constitutional Right to see ALL of our Laws Enforced! Obama is the one NOT doing his job of 'enforcing' the provisions of the Immigration Reform and Control Act of 1986 (Wiki) 'and' he wants Arizona to continue looking the other way too!

While I agree with Governor Brewer, the Arizona Legislature and Arizona Citizens trying to protect Americans in this Illegal Alien Invasion, the right action from Day One was to bring a lawsuit against the Federal Government for refusing to ENFORCE Immigration, Employment and Document Fraud Laws already on the books!!! Think about that for a minute or two! Filing a lawsuit against Barry and his Czars at the very beginning for NOT enforcing Immigration Laws would force the Federal Government to spend time and resources defending Lawlessness.

The Arizona Law mirrors Federal Law to a Tee, which is the reason that Arizona will win their lawsuit. However, Governor Brewer is not doing enough to place Obama on his heels and not doing enough to point out the fact that Illegal Aliens (like Barry) steal JOBS to destroy local consumer and tax bases. Obama is pointing at the banks and Wall Street for causing the Financial Meltdown, when the banks are NOT responsible for enforcing our laws that protect mortgagees from having their jobs stolen by Illegal Aliens. Everyone is allowing Obama to get away with NOT enforcing our laws 'and' without bringing lawsuits against his Lawless Fascist Regime!

If Governor Brewer is simply going to sit on her hands and not file lawsuits against the Federal Government, then complacency might find her reeling from lawsuits from Illegal Alien #1 squatting in the White House ...

GL,

Terral

 

[Angelhair]

Hi Angel:

Thank you again for standing up for real American Citizens watching our country go down the tubes in this Illegal Alien Invasion ...

(CNN) -- Obama administration lawyers are planning to file a legal challenge to a controversial Arizona immigration law within a month, according to a senior administration official.

The fact is that American Citizens have a Constitutional Right to see ALL of our Laws Enforced! Obama is the one NOT doing his job of 'enforcing' the provisions of the Immigration Reform and Control Act of 1986 (Wiki) 'and' he wants Arizona to continue looking the other way too!

While I agree with Governor Brewer, the Arizona Legislature and Arizona Citizens trying to protect Americans in this Illegal Alien Invasion, the right action from Day One was to bring a lawsuit against the Federal Government for refusing to ENFORCE Immigration, Employment and Document Fraud Laws already on the books!!! Think about that for a minute or two! Filing a lawsuit against Barry and his Czars at the very beginning for NOT enforcing Immigration Laws would force the Federal Government to spend time and resources defending Lawlessness.

The Arizona Law mirrors Federal Law to a Tee, which is the reason that Arizona will win their lawsuit. However, Governor Brewer is not doing enough to place Obama on his heels and not doing enough to point out the fact that Illegal Aliens (like Barry) steal JOBS to destroy local consumer and tax bases. Obama is pointing at the banks and Wall Street for causing the Financial Meltdown, when the banks are NOT responsible for enforcing our laws that protect mortgagees from having their jobs stolen by Illegal Aliens. Everyone is allowing Obama to get away with NOT enforcing our laws 'and' without bringing lawsuits against his Lawless Fascist Regime!

If Governor Brewer is simply going to sit on her hands and not file lawsuits against the Federal Government, then complacency might find her reeling from lawsuits from Illegal Alien #1 squatting in the White House ...

GL,

Terral

Hi Terral, although I do agree with you we would have to go all the way back to 1986 as that is when the laws were passed and not enforced. Something here stinks. Administration after administration has looked the other way when it comes to stopping the flow of illegals into our country. I don't expect Obama to do any more than any of the rest to stop it. We have let it go too far and have for too long catered to the pro-illegal advocates and open border loonies. I only see gloom and doom for our country in the years ahead - sorry, but that is what I 'see'......Obama on the other hand, is a whole different story. One which will help with the gloom and doom.

 

[Tech_Esq]

There is no reason to believe that any federal suit will be successful. Our county has been doing the same thing that AZ intends to do for 3 years. There have been no successful suits against the county based on its enforcement practices.

The idea that enforcement will amount to racial profiling is nothing but a Red Herring. The ONLY thing the feds can hope for is a crazy, radical left-wing judge. Based on the law and the facts, they have no chance.

 

[JakeStarkey]

The point of decision will be the concept of federalism: is the state appropriating power given to the national government. The basis of decision will not be that the state has a need or can do it well, but rather that the state does not have the authority to do so.

 

[CMike]

Douche bags.

If Obama did his job, Arizona wouldn't have to enforce federal law.

 

[Tech_Esq]

The point of decision will be the concept of federalism: is the state appropriating power given to the national government. The basis of decision will not be that the state has a need or can do it well, but rather that the state does not have the authority to do so.

The Supremacy Clause does not work that way. The Supremacy Clause would "pre-empt" the state law if the state law was inconsistent with the federal law. But, AZ's law is essentially (and actually in all factual areas of import) the same as the federal law. It only provides that state officials can enforce the federal law. Since there are no factual differences between the federal and state law, the state law will not be pre-empted and a state is within its rights to have such a law.

To understand the way this works, think of California and their environmental laws. All of their regulations that exceed the federal laws on the topic are not pre-empted because they do not contradict the federal laws, they are just stronger than the federal law. This is allowable under the Supremacy Clause.

 

[JakeStarkey]

Tech_Esq fails in analysis. The basis of decision will rest only on whether the state has the authority to do it as long as it is not co-opting the national government's power. None of the other arguments matter.

 

[CMike]

Tech is spot on.

 

[boedicca]

This looks like a huge miscalculation on the part of the Obama administration. The law has just been passed. They have no evidence that anyone's civil rights have been violated.

Great. Let the SCOTUS review it now. There's a good chance the AZ law will stand - which would be excellent for putting pressure on the Feds to actually do something about border security.

 

[JBeukema]

There is no reason to believe that any federal suit will be successful.

Unless they hold it in a federal court- that is, the fed judging its own case

 

[JBeukema]

The point of decision will be the concept of federalism: is the state appropriating power given to the national government. The basis of decision will not be that the state has a need or can do it well, but rather that the state does not have the authority to do so.

federalism went out the window with Lincoln and Texax v. White

 

[JBeukema]

The point of decision will be the concept of federalism: is the state appropriating power given to the national government. The basis of decision will not be that the state has a need or can do it well, but rather that the state does not have the authority to do so.

The Supremacy Clause does not work that way. The Supremacy Clause would "pre-empt" the state law if the state law was inconsistent with the federal law. But, AZ's law is essentially (and actually in all factual areas of import) the same as the federal law. It only provides that state officials can enforce the federal law. Since there are no factual differences between the federal and state law, the state law will not be pre-empted and a state is within its rights to have such a law.

To understand the way this works, think of California and their environmental laws. All of their regulations that exceed the federal laws on the topic are not pre-empted because they do not contradict the federal laws, they are just stronger than the federal law. This is allowable under the Supremacy Clause.

Where in the Constitution does it say the fed can regulate emissions in the first place?

 

[JBeukema]

This looks like a huge miscalculation on the part of the Obama administration. The law has just been passed. They have no evidence that anyone's civil rights have been violated.

Great. Let the SCOTUS review it now. There's a good chance the AZ law will stand - which would be excellent for putting pressure on the Feds to actually do something about border security.

Yes, because SCOTS has a great history of defending the States against federal intrusion and abuse

 

[WillowTree]

This looks like a huge miscalculation on the part of the Obama administration. The law has just been passed. They have no evidence that anyone's civil rights have been violated.

Great. Let the SCOTUS review it now. There's a good chance the AZ law will stand - which would be excellent for putting pressure on the Feds to actually do something about border security.

they never miss an opportunity to look stupid do they?

 

[CMike]

Obviously, Obama is butt kissing his hard left wing, moronic, base.

 

[JakeStarkey]

This looks like a huge miscalculation on the part of the Obama administration. The law has just been passed. They have no evidence that anyone's civil rights have been violated.

Great. Let the SCOTUS review it now. There's a good chance the AZ law will stand - which would be excellent for putting pressure on the Feds to actually do something about border security.

Very little chance of SCOTUS sustaining AZ's law. Even a Roberts Court will not go that far.

 

[CMike]

I don't agree at all.

 

[RetiredGySgt]

This looks like a huge miscalculation on the part of the Obama administration. The law has just been passed. They have no evidence that anyone's civil rights have been violated.

Great. Let the SCOTUS review it now. There's a good chance the AZ law will stand - which would be excellent for putting pressure on the Feds to actually do something about border security.

Very little chance of SCOTUS sustaining AZ's law. Even a Roberts Court will not go that far.

There is NOTHING in the Arizona law that usurps Federal authority not one thing. A State can have a law that mirrors the Federal law it just can not exceed the Federal law, that is the Supremacy clause. Argument to the contrary is simply wishful thinking.

 

[William Joyce]

So much for democracy and state sovereignty.

VDARE.com Home Page - Welcome!

Even the liberals at Atlantic Magazine are worried:

“After the initial round of polling showed majority support for the bill both in Arizona and in the rest of the U.S., the latest polling still corroborates. Today, an ABC/Washington Post poll found that Americans support Arizona's law 58% to 41%. Quinnipiac found 51%-31% support for the new law among national respondents in late May. Also in May, CBS found that 52% of national respondents think Arizona's law is "about right," while 28% said it goes ‘too far’ and 17% said it doesn't go far enough. Democrats, even, supported it on the whole: 46% answered ‘about right,’ while 40% said ‘too far’ and 10% said ‘not far enough.’ … [Emphasis in original—pb]

“While opinions on immigration are complex, it's reasonable to wonder if the administration's decision to sue Arizona will turn out to be an unpopular move. People support SB1070 by wide margins; it stands to reason that, even amid political pressure to do something in response to the new law, the Obama administration will end up taking heat for their attempt to counter it in court.”