Thread: AZ Businesses, Chamber of Commerce, etc.--File New Lawsuit

The aclu and la raza are experts at judge shopping

And there is no shortage of lib symp judges sympathetic to the la raza cause

New article about this. Apparently, Marguila has reassigned the case back to Judge Wake !!!!!!




Sounds like at least one of the Marguila twins just might have some ethics after all!!!!





New lawsuit filed in fight over Ariz. employer sanctions law




Dec 10, 2007 7:22 PM (13 hrs ago) By CHRIS KAHN, AP
PHOENIX (Map, News) - Lawyers have filed a second lawsuit challenging Arizona's new employer-sanctions law in an end-of-the-year rush by business groups to stop it before it goes into effect Jan. 1.

The lawsuit was filed Sunday night, two days after a federal judge said the groups fighting the anti-illegal immigration law sued the wrong government officials.

The groups are now targeting the state's 15 county attorneys. In addition, their lawyers said Monday they've added a request for a temporary restraining order, which would put the law on hold until a judge can determine its constitutionality.

"Our objective is to have the court rule in December - before the Jan. 1 effective date - to enter an injunction to block the law because it's unconstitutional," said David Selden, one of the lawyers working on the case.



The employer sanctions law is meant to take away economic incentives for people who cross into the U.S. illegally. It punishes business owners who knowingly hire illegal immigrants by suspending their licenses for up to 10 days. Second-time violators would have their business licenses permanently revoked.

The law also requires businesses to verify the employment eligibility of new workers through a federal database.

Business groups have been fighting the law since the Republican-majority Legislature and Democratic Gov. Janet Napolitano approved the law this summer. They've argued that it's an unconstitutional burden on employers and poisons Arizona's business climate.

Supporters said state punishments were needed because the federal government hasn't adequately enforced a federal law that already prohibits employers from knowingly hiring illegal immigrants.

The new lawsuit came after U.S. District Judge Neil Wake ruled on Friday that the first lawsuit against the governor and state attorney general had targeted the wrong authorities. Wake said county prosecutors actually have the power to enforce the restrictions.

In addition to naming Arizona's county attorneys, the lawsuit also was filed against Attorney General Terry Goddard and Fidelis Garcia, director of the Arizona Registrar of Contractors.

Julie Pace, an attorney for the business groups, said the latest lawsuit contains the same arguments the first one did against the employer-sanctions law - that it's an unconstitutional attempt by the state to regulate immigration and that cracking down on hiring illegal immigrants is the sole responsibility of the federal government.

Pace said the latest lawsuit also includes evidence that business groups face imminent crackdowns. She said business groups believe county prosecutors already have illegal hiring complaints on file, and that requests will be made to the county attorneys to provide that information.

The judge had said in Friday's ruling that the business groups had no legal footing to make the challenge because they hadn't shown that they faced imminent crackdowns.

The plaintiffs are providing evidence including a declaration by an Arizona employer who states that he is knowingly hiring an undocumented worker and intends to do so after Jan. 1 and has been specifically threatened by the county attorney that he is going to be prosecuted under the new law, Pace said Monday.

Promises by Maricopa County Attorney Andrew Thomas - the chief prosecutor in the state's most populous county - to enforce the law applied to all people in his county and didn't single out the groups challenging the law, Wake ruled.

Pace said the new lawsuit was assigned initially Monday to U.S. District Judge Mary Murguia, the sister of National Council of La Raza President Janet Murguia. NCLR is the nation's largest Hispanic advocacy group. However, late Monday night, Judge Murguia reassigned the case back to Judge Wake, Pace said.
Judge Wake has up to 10 days to decide whether to hold a hearing for a temporary restraining order. If Wake decides to issue a temporary restraining order, he typically has another two weeks to schedule a full hearing on whether to issue an injunction, Pace said.

If business groups get a chance to argue the validity of the law in court, Pace said they're optimistic about getting it put on hold.

"If we can get him to the merits of our case, we're going to win," Pace said, "because so many parts of the law are unconstitutional. It's a pretty clear-cut case."

Meanwhile, Napolitano spokeswoman Jeanine L'Ecuyer said state officials are preparing to enforce the law on Jan. 1.

"The governor has been proceeding with the understanding that the law would take effect at the first of the year so those preparations are ongoing," L'Ecuyer said. "They never stopped."

Thomas agreed: "Until a court rules otherwise, Arizona's employer-sanctions statute is the law of the land. I intend to fully and fairly enforce it."

----

Copyright 2007 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.






Link to this story: http://www.examiner.com/phoenix
It's the 4th article under Local and Regional news.



































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Originally Posted by azwreath

New article about this. Apparently, Marguila has reassigned the case back to Judge Wake !!!!!!

Sounds like at least one of the Marguila twins just might have some ethics after all!!!!

Pace said the new lawsuit was assigned initially Monday to U.S. District Judge Mary Murguia, the sister of National Council of La Raza President Janet Murguia. NCLR is the nation's largest Hispanic advocacy group. However, late Monday night, Judge Murguia reassigned the case back to Judge Wake, Pace said.

.

Oh, thank GOD it has been reassigned to Wake.

I don't think that ethics had anything at all to do with the reassignment----I just believe that whatever legal threats our side had----conflict of interest, etc.-----were used.

I can't find the article azwreath.

Our luck they are identical twins and they will trade positions for the duration of the trial.

Azwreath:

Never mind, here is a link.

http://www.examiner.com/a-1097332~New_l ... s_law.html

Originally Posted by Bren4824

Azwreath:

Never mind, here is a link.

No link Bren

Here's the link:

http://tinyurl.com/2sndoj


This needs to be sent to Fox News, John Gibson, "The Big Story" and to Neal Cavuto.

Originally Posted by Gogo

Originally Posted by Bren4824

Azwreath:

Never mind, here is a link.

No link Bren

Duuuhhhh.......Sorry---I posted it to my original post above.

Originally Posted by Gogo

Here's the link:

http://tinyurl.com/2sndoj


This needs to be sent to Fox News, John Gibson, "The Big Story" and to Neal Cavuto.

Actually, Dobbs and Beck would be better-----they would jump all over this CLEAR, INTENTIONAL, travesty of justice.