| Submit your comments on this article | |
| Home Front: Culture Wars | |
| Arizona's response to Federal Law Suit | |
| 2010-07-07 | |
| (obviously, the State attorney Gen was well prepared for the Fed's preemption argument) here is a choice point dripping with legal sarcasm
Plaintiffs assert that SB 1070 conflicts with "federal government interests." Compl. ¶¶ 144-46. However, the question in any implied conflict preemption analysis is whether the state law "stands as an obstacle to the accomplishment ... of the full purposes and objectives of Congress."29 SB 1070 is not only consistent with federal objectives, but it expressly (and in effect) serves to reinforce existing federal laws. See 8 U.S.C. §§ 1304(e), 1306(a), 1324(a)(1)(A), 1324a. In the words of Judge Learned Hand, "it would be unreasonable to suppose that [the federal government's] purpose was to deny itself any help that the states may allow." | |
| Posted by:lord garth |
| #9 However, the question in any implied conflict preemption analysis is whether the state law "stands as an obstacle to the accomplishment ... of the full purposes and objectives of Congress." Shouldn't Congress have been the one to ask for a lawsuit? |
| Posted by: Pappy 2010-07-07 21:39 |
| #8 It seems Rhode Island has an immigration more stringent than Arizona's. |
| Posted by: Deacon Blues 2010-07-07 19:57 |
| #7 AZ's AG is off the case - the law provided for outside counsel as they knew the AG (A Donk) was running against Brewer for Governor and would do little if any effort on fighting the Feds. He's out |
| Posted by: Frank G 2010-07-07 18:33 |
| #6 And then Congress will deem it passed as the new constitution. |
| Posted by: Deacon Blues 2010-07-07 18:17 |
| #5 No, first order would be that pesky 2nd admendment - that'll be the first thing to go - for the children... Or Obumbles will simply 'appoint' a Constitutional Convention. |
| Posted by: CrazyFool 2010-07-07 18:14 |
| #4 Probably Obama's plan all along. Throw the US into a full blown constitutional crisis. Give him cause to order a total review of the constitution. He will be in a position to creat this crisis either way. Ask the UN to step in and help design a new America and quell the riots from the red necks. First order is wealth redistrobution. Think I'm smoking crack??? |
| Posted by: 49 Pan 2010-07-07 16:39 |
| #3 well if AZ loses the case, it will be legal precedent for them not enforcing any Federal law or regulation. might almost be worth it.... |
| Posted by: Dino Omaviper2839 2010-07-07 13:58 |
| #2 They still haven't read SB 1070, have they? |
| Posted by: bigjim-CA 2010-07-07 13:02 |
| #1 Gotta get this thing before the Supreme Court before Zero gets to appoint another justice. |
| Posted by: Ebbang Uluque6305 2010-07-07 12:12 |