U.S. Appeals Court Rules Against Arizona's Immigration Law

[one...two...tree 2,762]

Back in July, federal district court judge Susan Bolton imposed a preliminary injunction on parts of the controversial immigration law passed by Arizona last year, SB-1070. She enjoined provisions relating to warrantless arrests of suspected undocumented immigrants and document requirements, and also struck down the requirement that police check the immigration status of anyone they stop, detain, or arrest if they reasonably suspect the person is in the country illegally.

Today, the 9th U.S. Circuit Court of Appeals ruled in favor of Bolton’s preliminary injunction on several major provisions of SB-1070. In their stinging legal critiques, 9th Circuit Judges Richard Paez and John Noonan wrote that each of the provisions blocked by Bolton are outright “unconstitutional” and that SB-1070 is preempted by federal law and foreign policy:

By imposing mandatory obligations on state and local officers, Arizona interferes with the federal government’s authority to implement its priorities and strategies in law enforcement, turning Arizona officers into state-directed DHS agents. [...]

[T]he record unmistakably demonstrates that S.B. 1070 has had a deleterious effect on the United States’ foreign relations, which weighs in favor of preemption. [...]

Finally, the threat of 50 states layering their own immigration enforcement rules on top of the INA [immigration and Nationality Act] also weighs in favor of preemption.

The 9th Circuit Court probably won’t have the final say on the issue. Arizona Gov. Jan Brewer ® has pledged to take her case all the way to the Supreme Court. SB-1070′s sponsor, state Senate President Russell Pearce ®, has entered the legal challenge now following a recent decision by the U.S. District Court to allow the Arizona State Legislature to intervene as a defendant in the Department of Justice’s lawsuit against Brewer and her state.

In his opinion, Noonan recognized that SB-1070 has “become a symbol.” Noonan noted that, “For those sympathetic to immigrants to the United States, it is a challenge and a chilling foretaste of what other states might attempt.” The 9th Circuit’s decision comes as several states around the country are in the final stages of approving similar “copycat” pieces of legislation. For more background information on the Circuit Court’s decision, check out the Wonk Room.

http://www.alternet.org/newsandviews/article/556140/u.s._appeals_court_rules_against_arizona%27s_immigration_law/

[Obama 2012 1,714]

Back in July, federal district court judge Susan Bolton imposed a preliminary injunction on parts of the controversial immigration law passed by Arizona last year, SB-1070. She enjoined provisions relating to warrantless arrests of suspected undocumented immigrants and document requirements, and also struck down the requirement that police check the immigration status of anyone they stop, detain, or arrest if they reasonably suspect the person is in the country illegally.

Today, the 9th U.S. Circuit Court of Appeals ruled in favor of Bolton’s preliminary injunction on several major provisions of SB-1070. In their stinging legal critiques, 9th Circuit Judges Richard Paez and John Noonan wrote that each of the provisions blocked by Bolton are outright “unconstitutional” and that SB-1070 is preempted by federal law and foreign policy:

By imposing mandatory obligations on state and local officers, Arizona interferes with the federal government’s authority to implement its priorities and strategies in law enforcement, turning Arizona officers into state-directed DHS agents. [...]

[T]he record unmistakably demonstrates that S.B. 1070 has had a deleterious effect on the United States’ foreign relations, which weighs in favor of preemption. [...]

Finally, the threat of 50 states layering their own immigration enforcement rules on top of the INA [immigration and Nationality Act] also weighs in favor of preemption.

The 9th Circuit Court probably won’t have the final say on the issue. Arizona Gov. Jan Brewer ® has pledged to take her case all the way to the Supreme Court. SB-1070′s sponsor, state Senate President Russell Pearce ®, has entered the legal challenge now following a recent decision by the U.S. District Court to allow the Arizona State Legislature to intervene as a defendant in the Department of Justice’s lawsuit against Brewer and her state.

In his opinion, Noonan recognized that SB-1070 has “become a symbol.” Noonan noted that, “For those sympathetic to immigrants to the United States, it is a challenge and a chilling foretaste of what other states might attempt.” The 9th Circuit’s decision comes as several states around the country are in the final stages of approving similar “copycat” pieces of legislation. For more background information on the Circuit Court’s decision, check out the Wonk Room.

http://www.alternet.org/newsandviews/article/556140/u.s._appeals_court_rules_against_arizona%27s_immigration_law/

all you need to know is in bold.

[peejay 327]

all you need to know is in bold.

Also known as the Nutty Ninth. Many of their decisions have been overturned. Not that SB1070 won't eventually be struck down, but I'd feel a lot better about it if it wasn't by the Nutty Ninth. I hope it winds up in the Supreme Court for better or worse.

[JohnSmith2007 353]

Also known as the Nutty Ninth. Many of their decisions have been overturned. Not that SB1070 won't eventually be struck down, but I'd feel a lot better about it if it wasn't by the Nutty Ninth. I hope it winds up in the Supreme Court for better or worse.

I always heard it called the Ninth Circus Clowns. You are right though, a lot of their decisions are overturned by the SC. They will have the final say.

[one...two...tree 2,762]

I always heard it called the Ninth Circus Clowns.

That's what you'll hear when you've got your ear to the RWN blogosphere.

[Ban Hammer 13,488]

That's what you'll hear when you've got your ear to the RWN blogosphere.

vj is the rwn blogosphere?

[Darnell 8,479]

vj is the rwn blogosphere?

The blogspace wasn't enabled here on VJ - but there's NOTHING preventing you from getting wiki'd. Wasn't blogspace enabled at ExPats ?

Edited April 13, 2011 by Darnell

[Gary and Alla 3,694]

Good news for white people Steven! Now you can continue to employ your brown people for under minimum wage.

[I AM NOT THAT GUY 5,715]

9th Circuit Racks Up Usual High Reversal Rate in Supreme Court Term

All told, the 9th Circuit was reversed in eight of the 10 cases reviewed, about par for the course for the nation's largest, and most closely scrutinized, circuit.

http://www.law.com/jsp/article.jsp?id=1202422620128&slreturn=1&hbxlogin=1

Looking good so far!

[The Dude 206]

The blogspace wasn't enabled here on VJ - but there's NOTHING preventing you from getting wiki'd. Wasn't blogspace enabled at ExPats ?

English only outside of the regional forums please.

Good news for white people Steven! Now you can continue to employ your brown people for under minimum wage.

Still trying to deflect racism onto liberals I see gary.