Arizona is really bad at enacting constitutional laws. It could have something to do with the fact that the persons who propose these laws follow a constitution that only exists in their fevered minds, as opposed to the actual Constitution, with which they disagree. They believe in an “aspirational” constitution as they imagine it to be.
Earlier this year, the 9th Circuit Court of Appeals struck down the ‘Kochtopus Anti-ObamaCare Prop. 106. This was the so-called “Health Care Freedom Act,” aka the Arizona Health Insurance Reform Amendment, Proposition 106, promoted by “Kochtopus” front man Dr. Eric Novak.
Today the Ninth Circuit Court of Appeals sitting en banc struck down another Arizona law, Proposition 100 (2006), which amended the Arizona Constitution to deny bond to undocumented immigrants charged with “serious” crimes. The case is Angel Lopez-Valenzuela v. Joe Arpaio, (No. 11-16487). You can read the Opinion Here (.pdf).
The en banc Court reversed a three judge panel of the Ninth Circuit upholding the district court’s grant of summary judgment. Prop. 100 “violates the substantive component of the Due Process Clause of the 14th Amendment.”
The Arizona Republic reports, Another Ariz. immigration law shot down:
Another of Arizona’s immigration laws was struck down today when the 9th U.S. Circuit Court of Appeals ruled unconstitutional a law denying bond to undocumented immigrants charged with “serious” crimes.
The law, known as Proposition 100, was passed in November 2006, during the height of anti-immigrant sentiment in the state Legislature.
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