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FEDERAL Judge Halts AZ Immigration Bill

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Bloviating Zeppelin: FEDERAL Judge Halts AZ Immigration Bill

Bloviating Zeppelin

(in-ep-toc'-ra-cy) - a system of government where the least capable to lead are elected by the least capable of producing, and where the members of society least likely to sustain themselves or succeed, are rewarded with goods and services paid for by the confiscated wealth of a diminishing number of producers.

Thursday, July 29, 2010

FEDERAL Judge Halts AZ Immigration Bill

I'm not providing information, likely, that you haven't already heard on Wednesday. I will have, however, a different take at the end of the post.

First, the facts; from the Arizona Daily Star:

A federal judge this morning blocked several critical provisions of Arizona's new immigration law from taking effect, delivering a last-minute victory to opponents of the law that brought the state a flurry of mostly negative international attention.

The overall law will still take effect Thursday, but without the provisions that angered opponents. Sections barred from being enforced include:

• Requiring a police officer to make a reasonable attempt to check the immigration status of those they have stopped;
• Forbidding police from releasing anyone they have arrested until that person's immigration status is determined;
• Making it a violation of Arizona law for anyone not a citizen to fail to carry documentation;
• Creating a new state crime for trying to secure work while not a legal resident;
• Allowing police to make warrantless arrests if there is a belief the person has committed an offense that allows them to be removed from the United States.

"Requiring Arizona law enforcement officials and agencies to determine the immigration status of every person who is arrested burdens lawfully-present aliens because their liberty will be restricted while their status is checked," U.S. District Judge Susan Bolton ruled.

Sen. Russell Pearce, R-Mesa, who crafted the legislation, vowed an immediate appeal.

"I'm disappointed Judge Bolton doesn't have more respect for the law, the damage to America" from illegal immigrants, he said. Pearce repeated his argument — the same one presented by John Bouma, the attorney for Gov. Jan Brewer — that everything in SB 1070 "is about enforcing existing law."

"I look at this as a bump in the road," said Brewer. "This is a temporary injunction saying that the feds don't have to do their job.''

The governor said she fully expects an appeal. Regardless, Brewer pointed out this is only an interim order, with the legality of SB 1070 to be determined after a full-blown trial.

And she said Bolton, while "well informed and very thoughtful,'' is wrong in concluding the law goes beyond the legal authority of the state.

This is a shoddy and embarrassing decision. Judge Bolton has essentially said that, because the federal side couldn't handle the results of the state law, that is sufficient to nullify the Arizona law. Another Executive branch power grab.

And this is the same federal government that refuses to sue so-called "sanctuary cities."

Trust me: the decision will be appealed, vigorously, all the way up to SCOTUS if need be.

But here's my take on the gross nullification of a STATE law by a FEDERAL judge on Wednesday: this decision is going to help radicalize people like myself and others.

This is indeed a galvanizing event. Perhaps the galvanizing event for November.

It can have no other outcome. The federal government in general and the current occupants in DC are not only factually and historically Tone Deaf, they have gravely mistaken and misread the general temperament and temperature of the country. They are playing to a very small minority of their philosophical Left.

This is judicial activism at its worst and it won't be tolerated. As John Roberts said in his statement before the Senate Judiciary Committee in 2005:

Judges and justices are servants of the law, not the other way around. Judges are like umpires.

Umpires don't make the rules; they apply them.

The role of an umpire and a judge is critical. They make sure everybody plays by the rules.But it is a limited role. Nobody ever went to a ball game to see the umpire.

Judges have to have the humility to recognize that they operate within a system of precedent, shaped by other judges equally striving to live up to the judicial oath.

I concur; judges aren't players, they're umpires. Judge Bolton envisions herself a player not unlike a Lebron James, to stand out in the national limelight.

Right now, at this point, Demorats have proven they cannot be trusted with any aspect of American life.

Is this not one point in a continuing series of decisions, actions and inactions which, bottom line, have served to essentially declare war on common sense and the American Taxpayer?

America: DC conspires against you.

Go ahead: prove me wrong.



Blogger Well Seasoned Fool said...

Dick Morris thinks this will further hurt Obama. Hope he is right.

Wed Jul 28, 07:34:00 PM PDT  
Blogger cj said...

Okay, so, holding onto a person while determining their immigration status is an 'undo' burden. That's what she said, right?

So, if I pick some white guy up who has no identification it isn't a burden on him to be held until we can figure out who the hell he is?


Or, are we just going to stop holding onto people?

I can see that... So, you say your name is John Smith but you have no ID. Well, Mr. Smith, you must be telling me the truth and it is an undo burden for me to hold you long enough to prove your status so I'll let you go... Wait, what do you mean that guy was really Ted Bundy...


Wed Jul 28, 09:28:00 PM PDT  
Blogger Old NFO said...

Sadly, I can't...

Thu Jul 29, 02:06:00 AM PDT  
Blogger Always On Watch said...

I think you're right that this judge's ruling will result in more Dems being voted out in November.

Thu Jul 29, 05:06:00 AM PDT  
Blogger cary said...

Can't prove you wrong. The government has already proved you right, and we all know that you can't cross the government.

Wait a second - isn't a state enacting a law the fed didn't want to support the reason for a certain little conflict between the north and the south a few years ago?

Thu Jul 29, 07:15:00 AM PDT  
Blogger mrchuck said...

Definitely defined.
A sweep of the creeps in our government coming this November 2010.
I just hope we can "un-do" all the dastardly things that the demorats have done.
Term limits!

Thu Jul 29, 01:30:00 PM PDT  
Blogger Bloviating Zeppelin said...

WSF: this will not play well outside of the ACLU and illegal Mexicans who demand their Free Cheese.

cj: hey, if you wanna make an omelette, you gotta break a few eggs.

NFO: sadly, indeed. . .

AOW: it's philosophy, not logic or common sense.

Cary: hmmmmm. . .

MrC: but the proof comes but in November. We MUST show up at the polls en masse in November.


Thu Jul 29, 01:41:00 PM PDT  
Blogger cj said...

BZ -

Did you see what happened in Phoenix yesterday? Three officers shot, one killed, one critical (haven't heard how they're doing) one stable.

It involved drugs.

Wanna bet in also involved illegals?


Thu Jul 29, 09:47:00 PM PDT  
Blogger Bushwack said...

I'm all for term limits but I think we need to be careful. Think about the damage that could be done if enough liberal congress critters were about to leave office. Think about this upcoming lame duck session. The pain that could be shoved on us in their last year could undo us faster than Obama.

All you have to do is look at the retiring democrats votes this year. No accountability for them since they are out of there anyway.

Fri Jul 30, 12:14:00 AM PDT  
Blogger Bloviating Zeppelin said...

cj: if it involved drugs, it involved illegals, guaranteed.

Let's just see how that city goes. . .

Buah: get out of my head. That was my next post.


Fri Jul 30, 04:54:00 AM PDT  

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