Judge blocks parts of Arizona immigration law

Judge blocks parts of Arizona immigration law

PHOENIX (AP) - A federal judge dealt a serious rebuke to Arizona’s immigration law on Wednesday when she put most of the crackdown on hold just hours before it was to take effect.

The ruling by U.S. District Judge Susan Bolton sets up a lengthy legal battle as Arizona fights to enact the nation’s toughest-in-the-nation law. Republican Gov. Jan Brewer said the state likely appeal the ruling and seek to get the judge’s order overturned.

But for now, opponents of the law have prevailed: The provisions that angered opponents will not take effect, including sections that required officers to check a person’s immigration status while enforcing other laws.

The judge also delayed parts of the law that required immigrants to carry their papers at all times, and made it illegal for undocumented workers to solicit employment in public places - a move aimed at day laborers. In addition, the judge blocked officers from making warrantless arrests of suspected illegal immigrants.

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Judge blocks parts of Arizona immigration law

I am not, by nature, an anarchist. I love this nation, I have fought for this nation all of my adult life and I continue to fight for Her today. The furthest thing from my mind would be the demise of the United States of America and it being brought about due to MY actions or words.

But, I am thinking, more and more every day, perhaps anarchy, rebellion, is the only option left for those of us that want to save America and return her to some sense of order, legality and greatness. We were born of rebellion, and rebellion may be required for a re-birth of America to take place.

It is quite obvious that our Federal government has no intention of doing anything to address the issues at hand.

Sure, there’s a chance that a U.S. Circuit Court of Appeals might overturn the decision of U.S. District Judge Susan Bolton, it’s a possibility, it can happen, but an appeal on this one goes before the 9th Circuit Court in San Francisco. There it becomes a distinct possibility that AZ SB-1070 will disappear down the wormhole for all time, never to be heard from again.

The law was signed by Brewer in April and immediately revived the national debate on immigration, making it a hot-button issue in the midterm elections. The law has inspired similar law elsewhere, prompted a boycott against the state and led an unknown number of illegal immigrants to leave the state.

What has happened to STATES RIGHTS?

Doesn’t the Tenth Amendment come into play? The U.S. government isn’t doing anything to enforce immigration law, or anything noticeable to remove illegals and secure the U.S. border. Why then should individual states not be allowed the authority to protect their sovereignty even if the United States refuses to do so?

I’m not a Constitutional scholar, nor am I an expert in the interpretation OF the Constitution, but it seems to me that STATES should have the authority to govern themselves in the way the state and it’s voters see fit to govern.

Alien and Sedition Acts

When the Federalists passed the Alien and Sedition Acts in 1798, Thomas Jefferson and James Madison secretly wrote the Kentucky and Virginia Resolutions, which provide a classic statement in support of states’ rights. According to this theory, the federal Union is a voluntary association of states, and if the central government goes too far each state has the right to nullify that law. As Jefferson said in the Kentucky Resolutions:

Resolved, that the several States composing the United States of America, are not united on the principle of unlimited submission to their general government; but that by compact under the style and title of a Constitution for the United States and of amendments thereto, they constituted a general government for special purposes, delegated to that government certain definite powers, reserving each State to itself, the residuary mass of right to their own self-government; and that whensoever the general government assumes undelegated powers, its acts are unauthoritative, void, and of no force: That to this compact each State acceded as a State, and is an integral party, its co-States forming, as to itself, the other party….each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress. Alien and Sedition Acts and States’ rights

Not being a lawyer, perhaps I’m missing something here, but it seems to me that the above quote does spell out the idea that the STATES do NOT have to go along with a program just because some politician in Washington, or one of their appointed for life federal judges says it’s the right thing to do.

Lawyers for the state contend the law was a constitutionally sound attempt by Arizona to assist federal immigration agents and lessen border woes such as the heavy costs for educating, jailing and providing health care for illegal immigrants. Arizona is the busiest gateway into the country for illegal immigrants, and the border is awash in drugs and smugglers that the state badly wants to stop.

It seems to me that a lot more states need to adopt a law similar, if not a exact copy of AZ HB-1070. It’s a good law, well written and very specific. Arizona is lucky to have folks like Gov. Jan Brewer pushing this law and working hard to make it a reality.

Sadly, here in Texas, Gov. Goodhair, uh, sorry, Rick Perry, is too gutless to speak up like a MAN and push for a similar law here in Texas. Gov. Good, uh, dang, sorry, Perry has said, “It would not be the right direction for Texas.” Perry against Arizona law for Texas

In all fairness, Perry IS running for Governor again here in Texas and he doesn’t want to take a chance on alienating (pun intended) the Hispanic vote in Texas. And if Perry takes a run at the GOP nomination in 2012, well, you can easily see WHY our Governor has placed his BALLS is a jar and put them far out of reach.

I’m getting older now, I have health problem too. I’m not in the mood to take it to the streets and prosecute an armed insurrection against the thugs that are killing this nation, but if it means the difference between the death of our nation and my personal health and well being, in the immortal words of Todd Beamer, “Let’s roll.”

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20 Responses to Judge blocks parts of Arizona immigration law

  1. BobF says:

    I just heard on the radio that Judge Susan Bolton is a Clinton appointee.

    It’s a sad day in America today: DOJ Accused of Ignoring Military Voters; Religious Freedom on Campus Dealt A Blow; SEC to Deny Freedom of Information Requests; Judge Blocks Portions of AZ Illegal Immigration Law.

  2. minuteman26 says:

    Fred - Correct me if I’m wrong but I believe Oklahoma has a law in place that sent the illegals packing. Brewer needs to get with her counterpart there and follow suit. If that doesn’t work, it wouldn’t be the first time a judge’s order was ignored. Sometimes you just have to do what you gotta do, especially if its the right thing.

  3. TexasFred says:

    Minuteman26 — I am not up on that one, Oklahoma law may well be written… See what you can find on it and post it here…

  4. TexasFred says:

    BobF — Indeed she IS a Clinton appointee…

    On the recommendation of U.S. Senator Jon Kyl, Bolton was nominated to the United States District Court for the District of Arizona by President Bill Clinton on July 21, 2000 to a seat vacated by Robert Broomfield. Bolton was confirmed by the U.S. Senate on October 3, 2000 on the unanimous consent of the Senate and received commission on October 13, 2000.

    Susan Bolton - Judgepedia

  5. Vigilante says:

    I agree with MM26

    For all we know the half breed Muslim turd in the whitey house could have called her on his whiteberry cell phone and assured her of an ambassadorship somewhere if she makes the right decision. I don’t second guess any of these rotten scum-bellied idiots, and that includes HER also.

    I like the sound of “Lets Roll”…

  6. Texasperated says:

    Right — good point minuteman. I’m not so much wanting to support them in prison as encourage them to go back where they came from until they get a permission slip to be here.

  7. TexasFred says:

    Anarchy and rebellion take many forms… :twisted:

  8. minuteman26 says:

    Gov Brad Henry of Oklahoma signed HB1804 into law in the spring of 2007. It took effect 1 Nov 2007. Law imposes strict penalties on employers who knowingly hire illegals and makes it a felony to transport or shelter illegal immigrants. It also forbids the state to issue drivers licenses or pay social welfare benifits to illegal aliens or their families, and empowers state and local police to enforce federal immigration laws. Sound like a law all states of the union should have on the books. Illegals left in droves when this law was past as it shut them out of employment.

  9. Bloviating Zeppelin says:

    I am a simple man.

    I don’t deal well with minutiae within minutiae within minutiae.

    This decision is simply wrong on any number of levels.

    It goes against common sense and logic.

    That’s enough for me.

    It will achieve one major thing: it will serve to “radicalize” those who weren’t quite so radical up to this point.

    The federal government truly has little idea of what it has started or is fomenting.


  10. Steve Dennis says:

    The Obama regime favors illegals over the protection of citizens, if Arizona can use this court case to bring this to light with people who just don’t want to believe it than perhaps we will win a very small victory.
    It is a sad day in America when a court decides against a state being allowed to protect her citizens. Perhaps the best way to fight this would be for more states to enact this legislation, as you said, but I am afraid that is never going to happen.

  11. minuteman26 says:

    Doc - What Brutus and his successors utimately and unknowing begot was Atilla the Hun and the fall of Rome. Might we blame our sorry state of affairs on Woodrow Wilson and his successors? Am waiting on our outcome.

  12. ablur says:

    Missouri has also passed a similar law in 2007-2008. They even went so far as declaring English as the official language of government.

    Nobody paid any mind to Oklahoma and Missouri because they aren’t on the border. Now that Arizona has gone and done it, it is a big deal. Both of these states laws can serve to support an appeal for Arizona. The government has had ample time to challenge these laws and has not.

  13. BobF says:

    Fred, a Clinton appointee who was nominated by a Republican Senator from Arizona. Looks like Kyl shot himself and his state in the foot.

    Here again we’ve got a case where a lawyer in a black robe overrides a constitutionally elected governor and legislature and thumbs her nose at the overwhelming majority of American people. Looks like I’m going to have to send some more money to help Arizona appeal the decision.

  14. MissBeth says:

    Kyl is as clueless and balless as McCain and Hayworth. It’s all bullshit. We need Arpaio, and those of his ilk down here and we need them yesterday.

  15. cary says:

    The parts of the law that had teeth are the parts deemed untenable.

    I -

    Urgh -


    Ok, I’ll have a little patience and see what Brewer does.

    With all this going on, it’s good to know that Our Fearless Leader is taking the point and standing strong - on The View.

    Numbskull. They say that nothing is perfect. Well, I see me a perfect idiot. Two, counting the judge. Three, counting Holder. I better stop there, I’m gonna run out of fingers and toes real quick.

  16. ozarkguru says:

    I can add little to the many comments already posted other than to state that is issue is not over. I would not expect the liberal 9th US Circuit Ct of Appeals to do anything but make the ruling worse. Even Gov. Brewer’s recognized this indirectly in her comments that they know they will have to appeal to SCOTUS after the 9th Circuits decision.

    Obama’s actions were taken to build his voter base not necessarily to win this case. In CA alone, illegals are issued driver’s licenses which are in turn used to register them to vote. NON- US CITIZENS voting!

    Instead of Afghanistan, maybe after our being repeatedly invaded by Mexico and the people from Mexico, the US should have followed the precedent of President James Poke and went to war with Mexico — it would have been much cheaper, we could have taken out the drug cartels and given the locals all jobs cleaning up the mess.

    Poke was definitely a different kind of President. He pledged to serve only one term and he did not pursue re-election. He also accomplished all the goals he established for his presidency:
    * The reestablishment of the Independent Treasury System.
    * The reduction of tariffs.
    * Acquisition of some or all the Oregon Country.
    * The acquisition of California and New Mexico from Mexico.

  17. Always On Watch says:

    The judge has gutted Arizona’s attempt to protect our nation’s sovereign borders, thus moving us to a nation without borders.

    In my view, the judge’s ruling is treason.

    So, how do we deal with treason?

    Well, no court is going to allow the judge to be brought up on charges. We all know that.

    Possibly, another court will overrule the decision. But in the meantime, Arizona will continue to be violated by illegal invaders.

    Frankly, I see no way for America to avoid a second revolution, a revolution to get us back to the Constitution and to protect our sovereign borders.

    I’m not so young myself, and I have a completely disabled husband who is confined to a hospital bed in the living room — with myself as the caregiver. But if I have to die in a revolt or be imprisoned, so be it. A revolution is costly — and I don’t mean monetarily.

  18. minuteman26 says:

    Doc - But when you add Wilson, FDR, LBJ, Carter, Clinton, and now Obama together it gets a little scary. On the GOP side Ford and the Bushes didn’t help things either domestically. Changes need to be made soon.

  19. Robert says:

    Okay, let me interject a little unbushwack like reason….

    Fix was in and its backfiring. Clinton appointed this judge so a quid pro quo could have been in effect. Clinton calls the judge, asks for a ruling that sends it to the 9th. Judge grants request.

    9th circus hears the case and upholds the ruling, brewer takes it the SCOTUS.

    Late Oct. the SCOTUS rules in favor of AZ.

    Democrats talking points become in the heat of the election camaigns; “Vote for us or AZ’s law will become nation wide, we will provide C.I.R (Amnesty) if we have power, if Republicans control congress then they will make it tough on hispanics” in the hopes that Millions of ILLEGAL voters come out and vote for Dems…

    I can not believe that this judge after condemning the governments case through out the hearing ruled this way without a push.

    Either way, this case goes to the SCOTUS so KAGEN sitting on the court will not help. BUT THE next one or two picks WILL hurt/help depending on who picks them.

  20. Bluto says:

    As much as I hate to say it, this was expected. Our nation and our government is never going to enforce the border properly nor will the illegal invasion be stopped. In fact the futile struggle to suppress the tidal wave of illegals will only embolden them and it will increase even more. Our nation no longer has the will, the guts, nor the fortitude to cast off the shackle of political correctness. We are becoming Mexico, and whether we like it or not, we’re losing the battle. Hell, we’re not even going to fight a battle.

    Sorry Fred, I’ve lost all hope regarding this issue. As you know, I’ve lived almost my entire life in the Great American Southwest. Born and raised in Arizona, lived in New Mexico, Colorado and now finally in Southern California. For decades (my entire life…almost 50 years now) there has been promises that the border will be secured. And what has been done? NOTHING. What is the result? It’s just gotten worse, beyond anything I’ve ever imagined.

    Some days, as I do my errands around town, I rarely even hear English being spoken. And I live in a very affluent neighborhood, one of the most conservative in all of California. My wife and I feel like foreigners in our own country. And that’s not even taking into account the racist “hate the white guy from Arizona” crap I endure daily….from people that KNOW me. What the hell??????

    I wish I could say I had hope for the future, but sadly, I think we’re toast. My only comfort is knowing I lived during some of our country’s golden years and that I most likely won’t be alive to see the full repercussions of it’s current death throes.

    The America I loved and cherished is soon to be gone, and in some places (like Arizona & California) it already is gone. We’re sad beyond words.

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