Feds File Suit Against Arizona

By Doug Powers  •  July 6, 2010 02:40 PM

**Written by guest-blogger Doug Powers

Michelle wrote this morning that a lawsuit filing was imminent, but now it’s official.

From the AP via Ace:

PHOENIX — The U.S. Justice Department has filed a lawsuit challenging the constitutionality of Arizona’s tough new law targeting illegal immigrants.

The government filed the lawsuit in U.S. District Court in Phoenix on Tuesday.

The lawsuit argues that Arizona’s new measure requiring state and local police to question and possibly arrest illegal immigrants during the enforcement of other laws usurps federal authority.
[...]
The government will likely seek an injunction to delay the July 29 implementation of the law until the case is resolved.

Brewer’s not going to back down. If this ends up in the Supreme Court, what kind of havoc would it wreak among the left if the 2nd Amendment and a state’s right to defend its citizens and borders were both upheld?

When informed that the US government filed suit against Arizona, Ecuador just nodded and said, “Yeah, we know.”

**Written by guest-blogger Doug Powers

Twitter @ThePowersThatBe

~ For the latest breaking news, be sure to join Michelle's e-mail list ~

See what others have said

Note from Michelle: This section is for comments from michellemalkin.com's community of registered readers. Please don't assume that I agree with or endorse any particular comment just because I let it stand. A reminder: Anyone who fails to comply with my terms of use may lose his or her posting privilege.

Comments


  1. #1
    On July 6th, 2010 at 2:43 pm, letget said:

    Hang in there Gov. Brewer! Will that little worm calderon send his guys to defend his ‘illegal alien citizens’ as he said he would?
    Prayers to all in AZ.
    L

  2. #2
    On July 6th, 2010 at 2:47 pm, Pasadena Phil said:

    Arizona voters need to stage a rally at the site of the sign that Brewer stood next to in her video. Do it at night with thousands of headlights pointed over the territory being surrendered to Mexico. Don’t let her stand by herself. Help her out.

  3. #3
    On July 6th, 2010 at 2:47 pm, John Deaux said:

    For the first time in my adult life, I’m rooting against the United States government.

  4. #4
    On July 6th, 2010 at 2:48 pm, J.J. Sefton said:

    Anthony Kennedy will have his revenge (I hope).

  5. #5
    On July 6th, 2010 at 2:49 pm, NJ-Aviator said:

    John Deaux said:

    For the first time in my adult life, I’m rooting against the United States government.

    Look at it this way.

    You are root FOR the American people.

  6. #6
    On July 6th, 2010 at 2:49 pm, Dexter Alarius said:

    The lawsuit argues that Arizona’s new measure requiring state and local police to question…

    I’m pretty sure the law ALLOWS (not require) police to check immigration status if they have probable cause to suspect they may be illegals.

  7. #7
    On July 6th, 2010 at 2:50 pm, NJ-Aviator said:

    Bring it on Bambi

  8. #8
    On July 6th, 2010 at 2:52 pm, Flyoverman said:

    DOJ on a fool’s errand. They have no chance of winning. This is all about energizing the kook fringe leftist base and pandering to the Latino vote.

    Life’s Obama’s but a walking shadow, a poor player
    That struts and frets his hour upon the stage
    And then is heard no more: it is a tale
    Told by an idiot, full of sound and fury,
    Signifying nothing.
    –Macbeth, Scene V

  9. #9
    On July 6th, 2010 at 2:55 pm, GJCorby said:

    On July 6th, 2010 at 2:43 pm, letget said:
    Hang in there Gov. Brewer! Will that little worm calderon send his guys to defend his ‘illegal alien citizens’ as he said he would?
    Prayers to all in AZ.
    L
    —————————————

    The stage is set, the judge is a ringer (for the prosecution), the jury has been paid off. Let the Chicago games begin.

  10. #10
    On July 6th, 2010 at 2:57 pm, 24Klady said:

    I would highly recommend Calderon not try to bring his little group of terrorists into any state. That would be the tipping point.

  11. #11
    On July 6th, 2010 at 2:58 pm, tarpon said:

    So if States can’t enforce this law, does that mean states cannot enforce bank robbery laws? If the bank is federally insured it’s a federal crime.

    And what about all the rest of the laws the feds overlap with the States? Porn laws, Race discrimination laws and so on … Are all these likewise invalidated? Does federal law preempt all State laws?

    And then you wonder what the 17th Amendment was all about.

  12. #12
    On July 6th, 2010 at 2:58 pm, Ragspierre said:

    http://www.qando.net/?p=8954

    Pretty good reasons to hope this gets to the Supremes quickly…

    I hope that no injunction will be granted here.

    One criteria for an injunction is the strength of the underlying case…which here seems uncommonly weak.

  13. #13
    On July 6th, 2010 at 3:01 pm, NJ-Aviator said:

    And what also is a problem is that Obama is using OUR money to sue AZ. And the vast majority of Americans want the AZ law to stay and in fact be the law in their own state.

    Yet Obama is going to take our money and sue the citizens of this country so he can see his will applied, not the will of the people.

    America should sue Obama and Holder personally and drive them both into personal bankruptcy. Americans should get their money back.

  14. #14
    On July 6th, 2010 at 3:03 pm, jsmiddleton4 said:

    This is all good. Can you imagine IF this case is decided in favor of the government what legal precedences this case will establish which then opens a Pandora’s Box for a bunch of other laws?

    The left is in perpetual shoot themselves in the feet mode.

    Glad this drama will finally be in its last act.

  15. #15
    On July 6th, 2010 at 3:04 pm, DesertLover said:

    BRING IT ON!!!!

    Thus far we have had 7 challenges to our various illegal alien statutes … we have won all 7 … and we will win this latest one …

  16. #16
    On July 6th, 2010 at 3:04 pm, jsmiddleton4 said:

    “Does federal law preempt all State laws?”

    No. And that is why Obama/Holder are rolling the dice for other reasons than the law.

  17. #17
    On July 6th, 2010 at 3:05 pm, Hangfire said:

    AZ:Release the Kraken!!!

  18. #18
    On July 6th, 2010 at 3:10 pm, Pasadena Phil said:

    Fox just posted these numbers showing how CA and NY could balance their budgets by ousting illegals.

  19. #19
    On July 6th, 2010 at 3:17 pm, maisy said:

    One more reason to vote out the moonbat reps who support this treasonous clown!
    NOBAMA!

  20. #20
    On July 6th, 2010 at 3:18 pm, Flyoverman said:

    On July 6th, 2010 at 3:10 pm, Pasadena Phil said:

    Fox just posted these numbers showing how CA and NY could balance their budgets by ousting illegals.

    Oh Snap!!

    Those one way bus tickets are starting to look mighty appealing finally now aren’t they? ;)

  21. #21
    On July 6th, 2010 at 3:22 pm, txvet2 said:

    On July 6th, 2010 at 3:10 pm, Pasadena Phil said:

    2010 numbers will be radically different, due to the deepening recession. Texas is trying to figure out how to deal with a projected $18 billion dollar deficit this coming year.

  22. #22
    On July 6th, 2010 at 3:25 pm, T-Bone said:

    Are the DOJ lawyers all idiots? If they have no case, why are they wasting taxpayer money chasing this fools errand.

    It always amazes me that LAW-yers have very little idea what the law means. One lawyer says yes, one says no, one judge says yes, one says no. No one knows whether it is legal for AZ to do this so we go to which judge?

    I saw a dog chasing his tail once. Reminds me of government.

  23. #23
    On July 6th, 2010 at 3:25 pm, letget said:

    txvet2,
    Somehow deport the illegal aliens here in TX?
    L

  24. #24
    On July 6th, 2010 at 3:26 pm, GladzKravtz said:

    NOBAMA!

    Get him out in 2012. Think (future) Supreme Court appointments.

  25. #25
    On July 6th, 2010 at 3:29 pm, spaceycakes said:

    I saw a dog chasing his tail once. Reminds me of government.

    I saw a dog licking his testicles once…reminded me of Pelosi.

  26. #26
    On July 6th, 2010 at 3:29 pm, jsmiddleton4 said:

    “reminded me of Pelosi.”

    My dog wants to know what he has ever done to you.

  27. #27
    On July 6th, 2010 at 3:30 pm, Romeo13 said:

    Whats also fun?

    The Feds are sueing Ariz because they say that Local Law enforcing Federal Law usurpes their power… while there is a Congresionaly funded, Legal, program under DHS to TRAIN those same law enforment types to enforce Immigration law.

    /head spins.

  28. #28
    On July 6th, 2010 at 3:31 pm, rotarymunkey said:

    This is NOT about winning the case. This is COMPLETELY about looking good to Latinos in the coming election. Period.

    Seriously, how can you not see this? There are already multiple cases in court filed against SB 1070, there was no need for the Justice Dept to file another. Obama is playing for brownie points (no pun intended) with the Hispanic population; the Feds no they have no legal case.

    Look for commercials this fall with the mantra “Well, he tried!” in English and Spanish, coming to a channel near you.

    By filing a case he can keep the heat on AZ, and not on his mistakes, and save Congressional limp-wrists from having to vote on Immigration Reform (codeword: Amnesty) during an election year.

    It’s all very simple.

  29. #29
    On July 6th, 2010 at 3:32 pm, Hangfire said:

    On July 6th, 2010 at 3:29 pm, spaceycakes said:
    I saw a dog licking his testicles once…reminded me of Pelosi.

    Sure that wasn’t Bawney Fwank?

  30. #30
    On July 6th, 2010 at 3:32 pm, BOB said:

    Seems fitting that Obama would do everything possible to protect illegal aliens.

  31. #31
    On July 6th, 2010 at 3:32 pm, Dexter Alarius said:

    why are they wasting taxpayer money chasing this fools errand.

    THAT question can be asked of ANY recent government endeavor.

  32. #32
    On July 6th, 2010 at 3:34 pm, Hangfire said:

    Any “Comprehensive” Immigration Reform that doesn’t involve buses and boxcars isn’t true reform.

  33. #33
    On July 6th, 2010 at 3:36 pm, Dexter Alarius said:

    On July 6th, 2010 at 3:34 pm, Hangfire said:
    Any “Comprehensive” Immigration Reform that doesn’t involve buses and boxcars and a big wall isn’t true reform.

    Preferably with electrified concertina wire on the top.

  34. #34
    On July 6th, 2010 at 3:42 pm, T-Bone said:

    This is definitely about Obama and the November elections. He doesn’t do anything that doesn’t relate to winning elections. He is the campaigner in chief.

  35. #35
    On July 6th, 2010 at 3:47 pm, T-Bone said:

    Hows that socialism thing working for Mexico?

    Failed? Oh, that’s why Obama want to try it here. The just didn’t do it right. Get out of the way and let the intellectuals lead. And if it dosn’t work, its because Bush made it so bad it will take decades (read elections) to reverse his damage.

  36. #36
    On July 6th, 2010 at 3:57 pm, spaceycakes said:

    Sorry; I should clarify: the dog’s testicles reminded me of Pelosi.

  37. #37
    On July 6th, 2010 at 3:59 pm, J S Ragman said:

    On July 6th, 2010 at 3:32 pm, BOB said:

    Seems fitting that Obama would do everything possible to protect illegal aliens.

    Yeah, you’d think Auntie Zeituni had moved to Arizona or something.

  38. #38
    On July 6th, 2010 at 4:23 pm, J S Ragman said:

    Well, I just read the complaint filed by DOJ over on the other thread. It appears that the feds case is based on two major themes.

    1. That Arizona doesn’t understand the diplomatic, humanitarian, and other complexities of the federal government’s immigration policies, and therefore, shouldn’t interfere with clumsy enforcement only tactics.

    2. That Arizona will saturate the federal immigration assets and facilities with low-level detainees, while the federal government is concentrating its scarce resources on capturing the serious national security threat of violent criminals and terrorists, thereby, hampering the heroic federal efforts.

    My response to both of the above is; fertilizer!

  39. #39
    On July 6th, 2010 at 4:39 pm, Pasadena Phil said:

    On July 6th, 2010 at 4:23 pm, J S Ragman said:

    1. That Arizona doesn’t understand the diplomatic, humanitarian, and other complexities of the federal government’s immigration policies, and therefore, shouldn’t interfere with clumsy enforcement only tactics.

    Maybe the federal government should just seal the border and not worry about the “complexities” of being partly pregnant? Complexities like getting our share of the narco-traffic profits? Oops! We are not allowed to state the obvious. Very gauche.

  40. #40
    On July 6th, 2010 at 4:43 pm, Romeo13 said:

    On July 6th, 2010 at 4:23 pm, J S Ragman said:

    Its actualy even better than that. Its based on the premise that the President has the authority and discretion to IGNORE Federal law, by not enforcing it, if his POLICY dictates so due to Foreign Policy considerations.

    And that Arizona’s Law, which forces the enforcement of said Federal Law, thus usurps the President’s authority to not enforce said law.

    /head spins…

    And thus dies the Republic, to thunderous Legal Briefs.

  41. #41
    On July 6th, 2010 at 4:46 pm, T-Bone said:

    Don’t confuse me with the facts.

    Are you here legally or not?

    Yes, have a good day sir.

    No, please come with me sir.

    We are a nation of laws. We do not pick and choose which ones we want to obey except at our own peril.

  42. #42
    On July 6th, 2010 at 4:48 pm, dan708 said:

    BHO, THIS MEANS WAR!!! You and your Demoncrap colleagues are FINISHED, at least until a later generation of knuckleheads forgets what’s happening now.

  43. #43
    On July 6th, 2010 at 5:09 pm, Freddy said:

    On July 6th, 2010 at 2:47 pm, John Deaux said:

    For the first time in my adult life, I’m rooting against the United States government.

    Easy there. You are NOT rooting against the United States government. You are rooting against the imperialistic Atty General of the US, Eric (Black Panther) Holder.

    Not much of a different than the people that were rooting against George Mitchell a few decades ago. The good news is that George finished up in the slammer.

  44. #44
    On July 6th, 2010 at 5:11 pm, By Choice said:

    On July 6th, 2010 at 3:04 pm, DesertLover said:

    BRING IT ON!!!!

    Thus far we have had 7 challenges to our various illegal alien statutes … we have won all 7 … and we will win this latest one …

    Yes, we did!! and several of those made it all the way to the SCOTUS who ALSO upheld OUR laws.

    Between this and the announcement today that NASA is going to promote Global Warming to the Muslims it has been a good day for comedy.

    Has anyone in the House started impeachment proceedings yet???? What are they waiting for…….????

  45. #45
    On July 6th, 2010 at 5:31 pm, Freddy said:

    BWAAAHAHAHAHAHAHAHAHAHAHAHAAHAH!!!!!!!

    On page 24 of the Justice department request to set aside the AZ law – they list the COMMERCE CLAUSE as a reason – the feds are claiming that Az has NO RIGHT to RESTRICT in any way the TRANSFER of ILLEGAL labor ACROSS their state!

  46. #46
    On July 6th, 2010 at 8:47 pm, Virginia Patriot said:

    Arizona obviously must be taught a lesson that the FDF (Fraudulently Documented Foreigners) are future Democrats and shall not be bothered with little things like laws.

    Sheesh, what do they think this is, a nation of laws??

  47. #47
    On July 6th, 2010 at 9:42 pm, shimauma2 said:

    I have only one thing to submit to the DOJ regarding this subject: inInn
    (that is 1337 speak for “the bird”)

  48. #48
    On July 6th, 2010 at 9:46 pm, BOB said:

    On July 6th, 2010 at 5:11 pm, By Choice said:

    Has anyone in the House started impeachment proceedings yet???? What are they waiting for…….????

    Pelosi to no longer be speaker?

  49. #49
    On July 7th, 2010 at 2:00 am, miron said:

    Like a famous person said months ago, “I hope the president fails.”

  50. #50
    On July 7th, 2010 at 4:23 am, Mostly Annoyed said:

    Yes and refusing to enforce Federal Election Law was also “the Idiot in Chief’s” decision as well. And just what foreign policy was that in regard to?

    Some one please sue the president for Malpractice. He is being paid to be a President but is behaving more like someone who wants to star in the next “JackA$$” movie…

    Wouldn’t it be great IF you could sue politicians for malpractice? Criminal malpractice not civil. It certainly would change things.

  51. #51
    On July 7th, 2010 at 9:18 am, Danceswithdachshunds said:

    Mostly Annoyed said: Yes and refusing to enforce Federal Election Law was also “the Idiot in Chief’s” decision as well.

    Just to add, in case some liberal Obama voter happens to read this, that wasn’t a matter of going to trial or even gathering evidence or even paying a prosecutor because – Holder had a default judgment handed to him on a silver platter! All he had to do is nod his head and the thugs would have been in jail right now.

    The arrogance of Obama, the contempt he really has for us – when will the hard core progressive Obama voters admit how very very wrong they were? (The not-so-hard-core ones are becoming a ‘problem’ for progressives. :) )

  52. #52
    On July 7th, 2010 at 11:56 am, frostrt said:

    On July 7th, 2010 at 9:18 am, Danceswithdachshunds said:
    Mostly Annoyed said: Yes and refusing to enforce Federal Election Law was also “the Idiot in Chief’s” decision as well.
    Just to add, in case some liberal Obama voter happens to read this, that wasn’t a matter of going to trial or even gathering evidence or even paying a prosecutor because – Holder had a default judgment handed to him on a silver platter! All he had to do is nod his head and the thugs would have been in jail right now.

    —————————————

    Apparently in Obamamerica, you can show up at a polling place in uniform, brandishing a weapon, saying threatening things to voters, and if your skin is the right color, and you use the right kind of racial epithets (i.e., “cracker”), nothing will happen. Alan Colmes tried to make the argument last night that there is not proof that anyone was actually intimidated into leaving the polling place without voting. I say, any attempt to intimidate/threaten voters should be a crime, and probably is a crime, no matter how Colmes tries to spin it.

  53. #53
    On July 7th, 2010 at 3:07 pm, prendad said:

    Boy, I sure am glad that our glorious leader and his henchmen are kicking some Arizona butt here. How dare those people down there, they think that just because they have a big old canyon that they can push illegal aliens around and make them go back home. The absolute nerve. Well, I guess our glorious leader sure showed them a thing or two and they will think twice before trying to protect themselves again!!!
    NOW, how about those upstarts down in Louisiana trying to block the oil and save their wetlands and their citizens way of life by flagrantly violating Federal Regulations and not waiting for permission. HEY, TIME FOR SOME MORE BUTT KICKING HERE!!!

  54. #54
    On July 7th, 2010 at 3:09 pm, prendad said:

    Hopefully, a lot of stupid idiots supporting this dumb-cluck president won’t have any butts after the voters chew them off at the next election.

  55. #55
    On July 10th, 2010 at 11:44 am, Mach1Duck said:

    Let us hope this goes to the Supreme Court. Mr. President has already PO’ed the justices at his State of the Union address. Looks like the majority is on the Arizona side of the border.

You must be logged in to post a comment.


Nancy Pelosi Explains Why Obama Flip-Flopped on Super PACs

February 9, 2012 10:08 PM by Doug Powers

50 Comments

Stealth altruism

Former Democrat Rep. Regrets Vote for Obamacare Due to Contraceptive Coverage

February 7, 2012 03:40 PM by Doug Powers

75 Comments

She wasn’t kidding

Hiring Spree in NYC

February 1, 2012 02:47 PM by Doug Powers

43 Comments

Mr. and Mrs. Cranky Pants

January 27, 2012 10:35 AM by Michelle Malkin

138 Comments

Stimulus-Backed ‘Green’ Bankruptcy of the Week: Ener1

January 26, 2012 03:06 PM by Doug Powers

67 Comments

Battery maker on verge of going terminals-up

Obama and Jan Brewer Have Words on Airport Tarmac; Update: Brewer Book Sales Skyrocket

January 25, 2012 09:54 PM by Doug Powers

165 Comments

Book-Critic-in-Chief takes issue


Categories: Barack Obama,Eric Holder,Immigration

Follow me on Twitter Follow me on Facebook