Tuesday, July 6, 2010

Obama Sues to Strike Down Arizona's SB 1070

William Jacobson's posted a copy of the complaint. The administration claims Arizona's law preempts federal authority and violates the "Supremacy Clause" of Article VI of the Constitution.

And here's this, from ABC News, "
Department of Justice Files Lawsuit Challenging Arizona Immigration Law: Suit Says Arizona Law Treads on Federal Authority":
The Department of Justice filed a lawsuit today challenging Arizona's new immigration law, which takes effect July 29.

The suit challenges the law on the grounds that immigration is under the purview of the federal government and that Arizona has overstepped its bounds. Justice also claims that the law is too broad and could result in racial profiling and discrimination.

The lawsuit names Arizona and state Gov. Janice Brewer as the defendants.

While the legal challenge had been expected, signaled by Attorney General Eric Holder and President Barack Obama in statements soon after the statute was enacted, the lawsuit is sure to set off a firestorm of debate pitting the federal government against Arizona.
Michelle's got some links as well.

I doubt the feds can win on the racial profiling charge, although I suspect there's a pretty good case under doctrines of national supremacy (I'll look into the case law precedents). I'm interested to see what Gov. Brewer's attorney's have prepared to defend the law in court. The State of Arizona should prevail, I'd think, since it's clear by the nature of the legislation that all the authorized actions under SB 1070 are the same as those under federal law. I also can't see how challenging the law helps the Dems in November (huge majorities approve the bill), so obviously Obama's looking to beef up the Hispanic vote for 2012. He's certainly going to need it, considering how epic fail his administration's been so far.

And by the way, I'll check, but I'll bet there's going to be some big pro-SB 1070 rallies in AZ soon, and I'd like to head back out there for some additional coverage. I'll

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