The Four Horsemen of Anti-immigrant Demagoguery to Appeal SB 1070

Posted by AzBlueMeanie:

Well, three of the four horsemen, anyway. Maricopa County Sheriff Joe Arpaio is still busy making excuses for how me misspent nearly $100 million. Joe Arpaio's staff misspent $99.5 million, budget officials say; Kunasek won't set a public hearing for Arpaio on misspending.

On Monday, Arizona officials announced they will ask the U.S. Supreme Court to let Arizona begin enforcing the immigration law enacted last year that was recently struck down as unconstitutional by the 9th Circuit Court of Appeals. Arizona taking SB 1070 appeal to U.S. Supreme Court:

Attorney General Tom Horne said Monday sending the question to the nation’s high court will be the quickest way to get the issue heard — and, he believes, the injunction lifted.

* * *

Going directly to the nation’s high court, however, does not mean quick resolution. Horne said he does not expect a decision from the justices until the fall whether to even hear the state’s appeal. And even if they do, it could be next spring until they hear arguments and rule.

SB 1070, approved last year, contains multiple provisions designed to give police more power to question and detain suspected illegal immigrants.

The Obama administration sued, charging the legislation runs afoul of the exclusive right of the federal government to regulate immigration. Attorneys for the Department of Justice said letting Arizona have its own laws also interferes with the ability of the federal government to manage relations with other countries.

A trial judge agreed, enjoining the state from enforcing key provisions. That includes a requirement for police to check the immigration status of those they have stopped if there is reason to believe they are in this country illegally.

Last month, a panel of the 9th Circuit, in a 2-1 ruling, left the injunction in place.

In seeking high court intervention to let the statute be enforced, Horne acknowledged that the state needs first to prove the law is likely constitutional.

[T]he state now needs to show that its hardships from not being able to enforce the law outweigh the hardships placed on the federal government.

* * *

Horne also said he will argue that the provisions in SB 1070 are not preempted by federal law.

As he has demonstrated with respect to other federal laws, Tom Horne has a fundamental misunderstanding of federal preemption doctrine. He doesn't know what he is talking about.

It is virtually certain that, no matter what the Supreme Court rules, it will not be the end of the case. With or without an injunction, the Obama administration still wants a final ruling on the legality of SB 1070. The case will be remanded back to the U.S. District Court of Arizona for a trial on the merits eventually.

The state also has filed a countersuit saying the federal government is not doing its job of securing the border. Yeah, good luck with that; it is almost certain this claim will be dismissed.

h/t Howard Fischer, Capitol Media Services Photo