Tuesday, April 12, 2011

Court holds back Arizona Immigration Law

From my perspective this is a good argument for why having three branches of government works well as the court system appears to have a little better perspective than the AZ legislature/governor.
From the AP:

PHOENIX, Arizona — A US federal court upheld the suspension of key parts of a controversial Arizona immigration law which came into force last year.
Arizona's governor slammed the ruling -- and vowed to appeal to the US Supreme Court if necessary -- but the Mexican government and rights groups welcomed the decision to maintain a freeze on the law's most disputed parts.
"It sends a very clear message, both to Arizona and to other states that might consider doing something like this, that this is an unconstitutional road to go down," said Omar Jadwat of the American Civil Liberties Union (ACLU).
"There were a lot of nails already in the coffin of this approach, but this is should be final blow," added the ACLU lawyer following the decision by the Ninth US Circuit Court of Appeals.

More interesting analysis can be found on the Washington Post's blog:
I examine these opinions in some detail for two reasons. First, preemption doctrine requires a close reading of the statute and analysis of its purpose. Objections to a state statute cannot be brushed off because the federal government is “not doing its job.” That may be true, but this is a political and not a legal argument. Second, if immigration exclusionists think they are going to get a more satisfactory analysis from judges than the one rendered by Judge Noonan they are, I would suggest, kidding themselves. A decision making, at best, Swiss cheese of the state’s law, an indication of how difficult it is to skirt the federal government’s dominance in the field of foreign policy and border control.
A final observation: Conservatives are making a principled argument regarding Obamacare on the Constitution’s commerce clause in support of the federal system of government. That same structure that limits federal power also limits state power. They should be faithful to the words and intent of the Constitution in both situations.
http://www.washingtonpost.com/blogs/right-turn/post/the-9th-circuit-strikes-down-arizonas-immigration-law/2011/03/29/AF34ViLD_blog.html

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