Thread: Motions on SB1070 start today. Here we go!!!

Judge to hear lawsuit vs. Arizona's immigration law
Jul. 15, 2010 12:00 AM
The Arizona Republic
.

Arizona's new immigration law will get its first day in court today.

U.S. District Court Judge Susan Bolton will hear a motion to dismiss the lawsuit filed by Phoenix police Officer David Salgado as well as a motion to prevent Senate Bill 1070 from going into effect July 29.


Salgado's lawsuit is one of seven filed by various individuals and groups challenging the immigration law. His claim alleges that, among other things, SB 1070 would require him to use race as a primary factor in enforcing the law and thus would force him to violate the rights of Latinos. It also claims that the state law is preempted by federal law.

Stephen Montoya, Salgado's attorney, said the preemption argument will be key to their case. He said the law violates four acts of Congress that limit the authority of state and local law-enforcement officers to enforce federal law.

"I know the people of Arizona, through the Legislature, passed 1070 and I respect that, but I'm an American first and an Arizonan second. We all have to be," Montoya said. "The state of Arizona cannot preempt federal law, whether that's federal patent law, federal tax law, federal drug law or federal immigration law."

Chicanos Por La Causa has joined Salgado in the lawsuit, claiming that the children who participate in its programs would be subject to unlawful interrogation and arrest if they couldn't quickly prove their legal status.

The attorneys defending SB 1070 on behalf of Gov. Jan Brewer have filed motions stating that the state law is not preempted by federal law and that both Chicanos Por La Causa and Salgado's concerns are speculative instead of imminent. They have asked the judge to dismiss Salgado's lawsuit.

In today's hearing, each side will have 20 minutes to argue for or against Brewer's motion to dismiss the case, and then Brewer's attorney will have time for a rebuttal.

Paul Senseman, Brewer's spokesman, said the governor's attorneys will argue that the plaintiffs "have failed to allege any real threat of harm from enforcement of the SB 1070 and simply express only abstract outrage about the law as well as pure speculation about potential future harm."

He said the allegations the plaintiffs have made reflect a fundamental misunderstanding of SB 1070.

Each side also will get 30 minutes to argue for or against Salgado's motion for a preliminary injunction, with Salgado's attorney getting additional time for rebuttal. A preliminary injunction would keep SB 1070 from going into effect until the court has a chance to hear the full case.

The judge could issue a ruling on the two motions immediately or could wait and issue a ruling later.

Similar hearings are scheduled before Bolton on July 22. In the morning, she is scheduled to hear arguments in the lawsuit filed by the American Civil Liberties Union and several other groups. In the afternoon, she will hear arguments in the suit filed by the U.S. Department of Justice.

The law makes it a state crime to be in the country illegally. It states that an officer engaged in a lawful stop, detention or arrest shall, when practicable, ask about a person's legal status when reasonable suspicion exists that the person is in the U.S. illegally.

Also, on Wednesday, the conservative Washington, D.C.-based educational foundation Judicial Watch filed a motion to intervene on behalf of SB 1070 sponsor Sen. Russell Pearce, R-Mesa, in the U.S. Department of Justice lawsuit.

The motion states that "as the author and driving force behind the enactment of SB 1070, Senator Pearce has the right to defend it."

In a news statement, Pearce called the fight over the law "a legal battle of epic proportions."

"What happens here in Arizona will impact every state in the country interested in protecting its citizens by enforcing the rule of law," Pearce said.

Read more: http://www.azcentral.com/news/election/ ... z0tnGB9Nzl

This case will be historic for the Constitution. I have not found a feed from the court room yet.

The local paper consideres this news second section putting immigration news on the front page.



Yuma lettuce farms may have a hard time finding workers as many immigrants leave Arizona because of Senate Bill 1070.
Read more: http://www.azcentral.com/business/artic ... z0tnNJnOwc

RELATED

Ariz. immigration law hearing ends with no ruling

http://www.alipac.us/ftopict-205921.html

Originally Posted by JohnDoe2

RELATED

Ariz. immigration law hearing ends with no ruling

http://www.alipac.us/ftopict-205921.html

That is a good thing to me. If we had a userping judge she would have pulled out a paper that she already had written. I think it is a good sign. Thanks for the info.

No ruling is better than the wrong ruling.

But this is just one case.

There are 6 others.

Garbage

If this judge was smarter than a 5th grader she would have tossed this dead fish right off.

Even myself , an armchair Perry Mason could have told her that there is no standing for this idiots suit since the law isn't even in effect , whats more any judge worth their salt would be familiar with the law and know the protections agains profiling written into it.

Because the officer is a 'minority' himself, I think the judge had to at least hear the case and no ruling is probably appropriate under the circumstances.
Of course, if the judge ruled against the lawsuit, he would be deemed to be a racist - the typical accusation when things don't go their way.

Originally Posted by legalalien

Because the officer is a 'minority' himself, I think the judge had to at least hear the case and no ruling is probably appropriate under the circumstances.
Of course, if the judge ruled against the lawsuit, he would be deemed to be a racist - the typical accusation when things don't go their way.

The judge will make a ruling, but not today. The judge is supposed to hear the information presented by each side, study the information, research the law books for symilar cases, and then make a ruling. The judge is female.

I am praying...praying praying praying!

Originally Posted by ShadowVixenPatriot

I am praying...praying praying praying!

Patriotic American are praying all over this great homeland, and actions are being taken to fight mexico's invasive takeover of OUR nation.

mexico can NEVER EVER say that they are not the ones spearheading the illegal alien invasion into America.

mexico's crime infested criminals, who is pretty much all who have bought into lifestyles of constant crime inside The USA as illegal aliens, will NOT give up their crime fest lifestyles if they are allowed to take over The USA as their own property.

Even amnesty will not transform mexico's illegal aliens into law abiding humans.

Instead The USA will be a literal carbon copies of what mexico is, and always has been - Crime, Incorporated.