Pittsburgh Tribune-Review Editorial
Breyer's rationalization: Suicide by judiciary
Sunday, October 14, 2007

Call it a continuing exercise in national suicide by judiciary: U.S. District Judge Charles Breyer in San Francisco has temporarily restrained the federal government from cracking down on illegal aliens.

The effort, stalled by a lawsuit by the ACLU, AFL-CIO and U.S. Chamber of Commerce (who else), would have required businesses to fire workers whose Social Security numbers didn't match those in the agency's database and can't be reconciled within 90 days. Stolen and fraudulent numbers are the ruse of choice of many illegals if not their benefactors.

But Judge Breyer, citing the database's approximate 4 percent error rate, said the rule could snare legal aliens and even citizens. Never mind that such a standard would render illegal most federal regulations.

The cost and impact on small businesses had not been properly surveyed, the judge said; 90 days were not enough to clear things up, he added.

Pardon us, but this is not cold-water fission. Such mistakes could be rectified quickly and easily with other personal records. If they exist, that is.

Homeland Security Secretary Michael Chertoff said Breyer's ruling "is yet another reminder of why we need Congress to enact comprehensive immigration reform."

No, Mr. Secretary, it is not. It's a reminder that we can and should impeach federal judges who debase and rationalize rules and laws.

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