Tuesday, April 12, 2011

SB 1070 blockage

The Ninth Circuit Appeals Court upheld the ban on enforcing parts of Arizona's SB 1070.  The decision highlights what many opponents have been saying for some time--states who make such laws will face considerable expense.  Jan Brewer is already asking for money:


Bottom line is that I'm going to ask everybody tonight to remember my legal defense fund, because this is not cheap, but we can win. So I want people to go to KeepAZsafe.com and help us fight this battle.



As study after study has shown, undocumented immigrants are far more safe than the average American.  In the context of a serious recession, then, it makes no sense to throw away money at the issue.  Indeed, that rationale is reaching into Georgia:

“There is no reason for us to be forging ahead on this to be simply the second state to go forward and spend millions of dollars litigating this issue,” Sen. Curt Thompson, D-Tucker, said during an impromptu news conference before the Senate vote. “It doesn’t produce jobs unless it is jobs for lawyers. ... The bottom line here is we need to let this process work its way through the courts.”

Eventually it will go to the Supreme Court.  And the country will have spent quite a lot on lawyers.

1 comments:

Vicente Duque 2:08 PM  

While both the 9th Circuit, and the 6th in United States vs. Urrieta, have ruled that the states "do not have the inherent authority to enforce the civil provisions of federal immigration law," that conclusion is at odds with the 10th Circuit's decision in United States vs. Vasquez-Alverez.



Brad Blog
9th Circuit Upholds Injunction of Controversial AZ Immigration Legislation
By Ernest A. Canning
April 12, 2011


Ernest A. Canning has been an active member of the California state bar since 1977. Mr. Canning has received both undergraduate and graduate degrees in political science as well as a juris doctor. He is also a Vietnam vet (4th Infantry, Central Highlands 1968).


http://www.bradblog.com/?p=8465



Some Excerpts :

Unclear whether U.S. Supreme Court would take up case

Arizona has not yet announced whether it will file a petition for a hearing in the U.S. Supreme Court. As Phoenix attorney Stephen Montoya, who filed one of the original federal cases against SB 1070 observed, "The odds are against (the court accepting) it, but the odds are not...overwhelming."

One of the criteria the Supreme Court weighs on whether a hearing should be granted is whether there is a division amongst the U.S. Circuit Courts of Appeal on an issue.

While both the 9th Circuit, and the 6th in United States vs. Urrieta, have ruled that the states "do not have the inherent authority to enforce the civil provisions of federal immigration law," that conclusion is at odds with the 10th Circuit's decision in United States vs. Vasquez-Alverez.

If the Supreme Court refuses to hear the case, the 9th Circuit ruling will likely sweep the controversial SB 1070 into the dust bin of history.
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