The ridiculous 9th Circuit Court of Appeals has refused an appeal on an injunction brought against SB1070 by the Department of Justice. The appeals court claims in its finding that it "oversteps" the federal law. The 9th Circuit Court is notorious for legislating from the bench as it encompasses most of the west coast - and the west coast philosophy that you can kinda just make stuff up as you go along.
No honest person who laid the laws next to each other and compared the Arizona law to the Federal law could in any way say it oversteps or goes beyond what the federal law is. No matter your opinions of it or your political stance, you would find that "overstep" is an outright lie. And that is the crux of the whole thing. As long as the state law does not go beyond the federal law, they are within their rights. For an example of overstepping, I'd point you to cities that declare themselves a "Sanctuary City" and make it against the law to work with the federal government in enforcing federal law. That is going beyond and overstepping federal law.
It is quite curious that the Department of Justice has not gone after these "Sanctuary Cities", but instead goes after a state that is within its rights to enforce the law within the confines of the federal law. Actually it is not curious at all when you think about it, it is quite open and in your face. Since the federal government cannot pass an amnesty for illegal aliens - the citizens of the United States demand otherwise every time it is brought up - the federal government has decided it will pass its own defacto amnesty through inaction and non-enforcement. Through this method the illegal aliens get to remain here and suck off the system with no fear of being deported and their numbers continue to grow. Now the feds have added to their arsenal suing any state that forces them to actually act.
This case will go to the Supreme Court, as it would have no matter which side won. It just once again proves out that the 9th circuit is illiterate when it comes to actually reading laws. There's a rumor that most of them got their law degrees out of a Cracker Jack box, but I'm starting to think they came out of the bottom of a dumpster.
*** Update 1:53PM EST
"Today the 9th Circuit Court of Appeals denied my appeal on SB1070," Governor Jan Brewer said in a statement. "This fight is far from over. I will battle all the way to the Supreme Court for the right to protect the citizens of Arizona and America. SB 1070 represents another tool for our state to use as we work to address a crisis we did not create and the federal government has actively refused to fix."
A federal appeals court is refusing to lift a stay blocking major parts of a tough Arizona law targeting illegal immigrants from taking effect.
The 9th U.S. Circuit Court of Appeals on Monday turned down an appeal filed by Gov. Jan Brewer. Brewer asked them to lift an injunction imposed by a federal judge in Phoenix the day before the law was to take effect on July 29, 2010.
Tipped by: Jodi Kyman