by David Safier This is pretty amusing. Brewer put together a tourism task force to try and bring tourists back to Arizona after SB1070 chased them away and Brewer worked her magic by telling people they're going to be kidnapped and beheaded unless they transport drugs for the Mexican mafia, or something like that. My … Read more
by David Safier A few bits and pieces: In a Washington Post op ed, Professors Gabriel Chin (UA) and Kevin R. Johnson (U.C. Davis) write that racial profiling is absolutely legal under SB1070, due to long standing decisions by the U.S. and Arizona Supreme Courts. They suggest attacking the problem at the source: "The U.S. … Read more
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
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
By Michael Bryan In my last post I promised to attempt to explain the issues raised in the SB1070 suit. The heart of the argument in the Fed's brief seeking an injunction of enforcement of SB1070 is that Arizona's legislation is preempted by federal immigration law. What is preemption? Preemption is a doctrine designed to … Read more