It's a shame the states have no standing to sue the federal government for something like dereliction of duty in failing, or refusing, to control the border. It is interesting to note tho that the administration was able to get off it's ass long enough to file what appears to be an unnecessary suit.
Kris Kobach, the University of Missouri-Kansas City law professor who helped draft the Arizona law, said he's not surprised by the Justice Department's challenge but called it "unnecessary."
He noted that the law already is being challenged by the American Civil Liberties Union and other groups opposed to the new statute.
"The issue was already teed up in the courts. There's no reason for the Justice Department to get involved. The Justice Department doesn't add anything by bringing their own lawsuit," Kobach said in an interview.
The Federal suit does not offer racial profiling as evidence to strike the law, so that will not be an issue in the Federal suit, as both Arizona and the Fed agree in the suit that the law does not promote racial profiling.
Arizona's defense is going to swing heavily on the Fed's repeatedly turning a blind eye to sanctuaries. The Fed argues that Arizona's law removes the Fed's right and ability to "do its job" yet the sanctuary laws all dictate that localities will either not aid the Fed, or will hinder the Fed, and the Fed ignores them.
Holder's argument can't legally stand up in court. Not saying it wont, but it can't legally.
