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
By Michael Bryan Apparently unlike many of the folks in the media who now are opining about the Fed's suit enjoining enforcement of SB1070 (judging solely from the lack any apparent factual basis for many of the opinions on display), I have actually read the complaint and the brief. I am now working my way … Read more
by David Safier The Feds filed a lawsuit against SB1070, and the politicians' reactions are pouring in. Of course, the Rs have a dozen reasons why the lawsuit is terrible. But to my dismay, most Ds, at least those from Arizona, kinda agree. The basic Democratic response is, the Feds shouldn't file a lawsuit because … Read more