U.S. v. Arizona: The Feds Sue Arizona over S.B.1070
(The New American) -- by Joe Wolverton, II --
On July 6, the federal government filed suit against the state of Arizona in the United States District Court for the District of Arizona. The lawsuit seeks to "declare invalid and preliminarily and permanently enjoin the enforcement of S.B. 1070...."
The suit, which names Governor Jan Brewer as a co-defendant, focuses chiefly on the right of the federal government to nullify state legislation in areas it deems to be within the exclusive jurisdiction of the national government.
Surprisingly, given the tenor and topic of the majority of declamations against the law since the day it was passed by the Arizona state legislature, the lawsuit makes only indirect mention of the racial profiling or civil rights issues. These concerns don't pack the legally persuasive punch of the larger balance-of-power argument.
In an interview, Kris Kobach, the University of Missouri-Kansas City law professor that helped draft S.B. 1070, called the government’s lawsuit “unprecedented and unnecessary.” He added that in light of the other lawsuits that have already been filed challenging the constitutionality of the statute, “there’s no reason for the Justice Department to get involved. The Justice Department doesn’t add anything by bringing their own lawsuit.”
Yet still they persist in pursuing this persecution of Arizona and her citizens, financed, it must be remembered, by each and every taxpayer in America.
The Justice Department's core issue is whether a state has the right to pass laws with regard to immigration or whether that right is within the sole discretionary power of Congress. The Feds aver that states have no right to legislate in an area so clearly and, they assert, historically, within the bailiwick of the national government...
Therein lies the rub. If the federal government had effectively exercised this authority it assumes for itself, then there would be no S.B. 1070 and there would be no corresponding federal challenge.
Additionally, however, there would not be an 80-mile wide swath of southern Arizona that has been all but surrendered to the criminal cartels that have made living along the border akin to living in a combat zone. Notably, our federal government's response to this hostile and adverse possession by drug and human traffickers was not to repel the invasion, rather it was to erect signs warning citizens not to venture into the area.
Furthermore, as has been well documented in The New American and elsewhere, and as specifically asserted by Governor Brewer in the statement she released upon signing the act into law, the purpose of S.B. 1070 is not to usurp federal authority or override federal immigration legislation, rather it was to compliment and carry out those restrictions already in place, but inexplicably and habitually not enforced by the various agencies of the federal government charged with patrolling the border and investigation immigration violations.
Adding insult to injury, a federal judge, that is to say, a judge nominated by the president and confirmed by the Senate, has granted the government of Mexico the right to submit a legal brief in support of one of the several lawsuits currently pending against Arizona's enforcement of S.B. 1070 scheduled for July 29...MORE...LINK