U.S. District Judge Susan Bolton
Arizona legislators violated U.S. Constitution
By H. Nelson Goodson
April 11, 2011
Phoenix - On Monday, a three-judge panel for the U.S. District Circuit Court of Appeals for the 9th Circuit in California upheld the lower court decision by U.S. District Judge Susan Bolton in Arizona to block major controversial provisions of the state law. The U.S. Department of Justice (USDOJ) filed a legal challenge against Arizona's SB 1070 immigration enforcement law claiming it was unconstitutional.
Both 9th Circuit Judges Richard Paez and John T. Noonan agreed that each of the provisions blocked by Judge Bolton in July 2010 were “unconstitutional” and that SB 1070 is preempted by federal law and foreign policy.
In their opinion under Preemption of Section 2 (B), "[6] 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. [...]
[8] The record unmistakably demonstrates that SB 1070 has had a deleterious effect on the United States’ foreign relations, which weighs in favor of preemption. [...]
[10] 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 Court of Appeals decision gave big blow and setback to Governor Jan Brewer's anti-immigration law, which required state and local police officers to ask for legal status, if they suspected someone was illegally in the country during an investigation. In the Court of Appeals, Brewer had tried to overturn Judge Bolton's temperary restraining order blocking key parts of SB 1070 making it useless.
Monday's ruling is a major legal victory for the USDOJ and the majority of the public who opposed the Arizona SB 1070 state law.
The 9th Circuit Court of Appeals opinion at link: http://1.usa.gov/es3c1q
For Judge Bolton's ruling click: http://bit.ly/aWVo5q
Connected by MOTOBLUR™ on T-Mobile
Arizona legislators violated U.S. Constitution
By H. Nelson Goodson
April 11, 2011
Phoenix - On Monday, a three-judge panel for the U.S. District Circuit Court of Appeals for the 9th Circuit in California upheld the lower court decision by U.S. District Judge Susan Bolton in Arizona to block major controversial provisions of the state law. The U.S. Department of Justice (USDOJ) filed a legal challenge against Arizona's SB 1070 immigration enforcement law claiming it was unconstitutional.
Both 9th Circuit Judges Richard Paez and John T. Noonan agreed that each of the provisions blocked by Judge Bolton in July 2010 were “unconstitutional” and that SB 1070 is preempted by federal law and foreign policy.
In their opinion under Preemption of Section 2 (B), "[6] 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. [...]
[8] The record unmistakably demonstrates that SB 1070 has had a deleterious effect on the United States’ foreign relations, which weighs in favor of preemption. [...]
[10] 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 Court of Appeals decision gave big blow and setback to Governor Jan Brewer's anti-immigration law, which required state and local police officers to ask for legal status, if they suspected someone was illegally in the country during an investigation. In the Court of Appeals, Brewer had tried to overturn Judge Bolton's temperary restraining order blocking key parts of SB 1070 making it useless.
Monday's ruling is a major legal victory for the USDOJ and the majority of the public who opposed the Arizona SB 1070 state law.
The 9th Circuit Court of Appeals opinion at link: http://1.usa.gov/es3c1q
For Judge Bolton's ruling click: http://bit.ly/aWVo5q
Connected by MOTOBLUR™ on T-Mobile
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