Thread: Arizona SB 1070 Under the Judicial Microscope

Arizona SB 1070 Under the Judicial Microscope

Published July 26, 2010
by:Sylvia Cochran

Illegal Immigration Legislation Finds Popular Support and Legal Opposition
There is little doubt that the passage of SB 1070, the Arizona immigration law, has struck a chord with the American electorate. It hit more of a sour note with special interest groups, who were quick to bring suit against the illegal immigration legislation. Who wins?

Arizona Judge Susan Bolton Hears Arguments on SB 1070

The Washington Informer reports that Judge Bolton is being implored to issue an injunction that would prevent the July 29 implementation date of SB 1070. Civil rights groups fear racial profiling, and the Justice Department claims that the Arizona immigration law steps on federal toes. Arizona lawyers argue that illegal immigration is out of control in the state, and SB 1070 does little more than support the federal enforcement of the law.

Judge Bolton is highly cautious in reaching a decision on the Arizona immigration law, and who can blame her? No matter which way she rules, one side will appeal the decision, which will then result in a dissection of her reasoning and courtroom procedure. Whether or not SB 1070 is truly in violation of federal law (or enables thus far only imagined infractions by law enforcement) then takes a backseat to the judge's use of her position.

At the heart of the matter - hypothetical enforcement problems and the federal government's supposed failure to do its job notwithstanding - is the concern that other states suffering from the ill effects of illegal immigration may take a cue from SB 1070 and draft their own immigration law.

Illegal Immigration in the Rest of the Union

Loyal readers may remember the Homeland Security report that specifically mentioned immigration opponents in conjunction with right-wing extremism. PolitiFact underscores that the illegal immigration campaign promises - most notably securing the borders, cracking down on employers who take advantage of undocumented laborers and a path to citizenship - are not humming along as nicely as the Administration might have hoped.

Illegal Immigration Legislation Finds Popular Support and Legal Opposition
Not surprisingly, the very last thing Washington needs (or wants) is a number of states that seek to emulate the Arizona immigration law to force the federal government's hand. That said, NewsMax outlines that "conservative lawmakers in North Carolina, Maryland, Colorado, Missouri, Ohio, and several other states" are testing the waters with respect to sponsoring this kind of illegal immigration law.

While it is highly unlikely to gain a foothold in California, where several cities have actually ruled themselves sanctuary cities (in clear but unopposed violation of federal law) and prevent the ousting of undocumented aliens, more conservative states may find that political hay is to be made from a carbon copy of SB 1070. Even so, even California's gubernatorial hopeful Meg Whitman has firmly straddled the fence, and decries the Arizona immigration law as being unconstitutional while concurrently blasting San Francisco and L.A. for adopting a sanctuary city status that essentially harbors fugitives from federal justice.

Counting Down to D-Day

With so much furor unleashed over the Arizona immigration law - and also the intense pressure applied by the federal government - the odds are good that Bolton will issue an injunction. If nothing else, it will permit her more time to weigh the merits of the case and the likely weak spots any ruling may reveal to a higher court. Once she is confident that her ruling is sure to hold up under intense scrutiny, or at least not become a judicial laughingstock, she will issue a final decision.

Sources

http://www.washingtoninformer.com/index ... Itemid=114

http://www.associatedcontent.com/articl ... html?cat=9

http://www.politifact.com/truth-o-meter ... migration/

http://newsmax.com/Newsfront/arizona-im ... /id/357991


http://www.associatedcontent.com/articl ... icial.html

With so much furor unleashed over the Arizona immigration law - and also the intense pressure applied by the federal government - the odds are good that Bolton will issue an injunction. If nothing else, it will permit her more time to weigh the merits of the case and the likely weak spots any ruling may reveal to a higher court. Once she is confident that her ruling is sure to hold up under intense scrutiny, or at least not become a judicial laughingstock, she will issue a final decision. WRONG !!!! She may suspend a couple of the provisions,but the law will go Into effect virtually unscathed. This judge knows the law,and she will be confident In her decision. She will not Issue an Injunction just because she thinks some other judge (or judges) will disagree with her opinion. That Is a ludicrous statement. She will not be Intimidated by {what might happen}........ The Illegals better hurry If they want to get out before Thursday..... TS

It will be nice to see this law go into effect for I beleive it will open the flood gates for other states that are in the process of doing the same.

GO ARIZONA!

Looks like another slap in the face for the American citizenry from Bolton

Originally Posted by topsecret10

With so much furor unleashed over the Arizona immigration law - and also the intense pressure applied by the federal government - the odds are good that Bolton will issue an injunction. If nothing else, it will permit her more time to weigh the merits of the case and the likely weak spots any ruling may reveal to a higher court. Once she is confident that her ruling is sure to hold up under intense scrutiny, or at least not become a judicial laughingstock, she will issue a final decision. WRONG !!!! She may suspend a couple of the provisions,but the law will go Into effect virtually unscathed. This judge knows the law,and she will be confident In her decision. She will not Issue an Injunction just because she thinks some other judge (or judges) will disagree with her opinion. That Is a ludicrous statement. She will not be Intimidated by {what might happen}........ The Illegals better hurry If they want to get out before Thursday..... TS

I have never been this wrong !!!! Something SMELLS here..... Intimidation and,or tampering I suspect....

Are we jumping the gun by condeming Judge Bolten since this is just a temporary injucntion of part of the law untill she hears the whole case to be argued before her in the near future ?

Originally Posted by USPatriot

Are we jumping the gun by condeming Judge Bolten since this is just a temporary injucntion of part of the law untill she hears the whole case to be argued before her in the near future ?

I can't see her backpeddle in the future that much to the point she reverses her decision to gut this bill. She's been bought and paid for..or threatened.