Redistricting update: “Cry Havoc, and Loose The Dogs…”

by Craig McDermott, cross-posted from Random Musings …Of Litigation… Having been unsurprisingly unsuccessful in their attempt to intimidate the Arizona Commission on Appellate Court Appointments into changing the pool of possible appointees to the Arizona Independent Redistricting Commission (AIRC) to one more of their liking, Russell Pearce and Kirk Adams are turning to the Arizona Supreme Court … Read more

The Battle is Won, the War Continues

By Michael Bryan   With Judge Bolton's ruling enjoining enforcement of the core provisions of SB1070, the battle to stop Arizona from becoming a mini-sovreign (a tyrannical one) for the purposes of immigration is won, but the political and legal war between two visions of American immigration policy is just warming up. However, it is … Read more

How Does SB1070 Violate the Commerce Clause?

In my previous posts I examined the reasons given in the DOJ brief why SB1070 violates federal supremacy in immigration both generally, under field preemption, and specifically, under conflict preemption, and the general import of the suit. This final post on the brief concerns the final argument of the brief: SB1070 violates the Dormant Commerce Clause. … Read more

How Does SB1070 Conflict with Federal Immigration Law?

By Michael Bryan In the last post I discussed the general concept of preemption in the DOJ suit to enjoin the enforcement of SB1070 and how SB1070 falls afoul of field preemption. In this post I will discuss the various specific ways the Feds' brief claims that SB1070 conflicts with federal law and is therefore … Read more