The DOJ “Pre-emption” Case Against Arizona Not Going So Good
Posted: July 23rd, 2010 | Author: Ian Kelly | Filed under: Uncategorized | Tags: Common Sense, Government, Politics | 3 Comments »
Well that didn’t take long. Federal Judge Susan Bolton went right after the DOJ’s assertion of pre-emption as it pertains to immigration law:
“Why can’t Arizona be as inhospitable as they wish to people who have entered or remained in the United States?” U.S. District Judge Susan Bolton asked in a pointed exchange with Deputy Solicitor General Edwin S. Kneedler. Her comment came during a rare federal court hearing in the Justice Department’s lawsuit against Arizona and Gov. Jan Brewer (R).
Bolton, a Democratic appointee, also questioned a core part of the Justice Department’s argument that she should declare the law unconstitutional: that it is “preempted” by federal law because immigration enforcement is an exclusive federal prerogative.
“How is there a preemption issue?” the judge asked. “I understand there may be other issues, but you’re arguing preemption. Where is the preemption if everybody who is arrested for some crime has their immigration status checked?”
Exactly. The state has the ability to create law that will enforce already existing federal law. It’s already ILLEGAL to be here in America without documentation. If an officer, arresting someone for a crime, asks for documentation he is simply enforcing federal law. It’s not pre-emption. It’s common sense.
Okay, now I’m starting to get suspicious. Why is no one mentioning that Arizona’s useless lawyers CONCEDED IN COURT TODAY BEFORE THE JUDGE EVEN RULED FOR EITHER SIDE?
My daughter’s law professor runs some humanitarian open border welfare and she emailed me what the implications are because defense attorney John Bouma gave up trying to defend the FEDERAL requirement of carrying immigration documents at all times.
Watching him was pathetic “aw shucks, I can see I can’t convince you it’s perfectly reasonable to ask them to carry minimal identification….”
WHAT KIND OF CRAPSHOOT IS THIS, THE ARIZONA LAW USED EXACTLY THE SAME LANGUAGE AS FEDERAL LAW!
Anyways, my daughter informed me that her prof gloated that without this provision, it’s gutted. Because now the only way to know for sure if there illegal is thru ICE and if ICE decides decides to take their sweet time, we can’t jail people for days without charging them with anything. So we have to let them go. Without even bail, because they’re not being charged yet. The judge even pointed that out.
Meanwhile, when Obama–I mean, the ICE tells us a week later they’re an illegal who’s committed lots of identity theft, they’re already halfway to Ohio.
I wrote a check to help them defend this if they lose this case they better send back every penny donated by people who thought it was going to a COMPETENT lawyer.
hello Ian Kelly this is a different Ian kelly in middle Tennessee saying hello. I did go and vote on the 5th of August in Dekalb co.
Hello, Mr. Kelly. Thanks for dropping by and commenting.
I’m curious how did you even find my site? Did you google our name?