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Tuesday, July 6, 2010

Justice Department will sue Arizona over SB1070



Well, we were hoping to hear this news -- and figuring it was likely -- but later this afternoon, it will become official:
Feds to file lawsuit over Arizona immigration law
The U.S. Justice Department is filing a lawsuit challenging the constitutionality of Arizona's new law targeting illegal immigrants, setting the stage for a clash between the federal government and state over the nation's toughest immigration crackdown.
The planned lawsuit was confirmed to The Associated Press by a Justice Department official with knowledge of the plans. The official didn't want to be identified before a public announcement planned for later Tuesday.
The lawsuit will argue that Arizona's new measure requiring state and local police to question and possibly arrest illegal immigrants during the enforcement of other laws, like traffic stops, usurps federal authority.
The Washington Post:
The lawsuit, which three sources said could be filed as early as Tuesday, will invoke for its main argument the legal doctrine of "preemption," which is based on the Constitution's supremacy clause and says that federal law trumps state statutes. Justice Department officials believe that enforcing immigration laws is a federal responsibility, the sources said.
But the filing is likely to have a civil rights component as well, arguing that the Arizona law would lead to police harassment of U.S. citizens and foreigners, said the sources, who spoke on condition of anonymity because the government has not announced its plans. President Obama has warned that the law could violate citizens' civil rights, and Attorney General Eric H. Holder Jr. has expressed concern that it could drive a wedge between police and immigrant communities.
The law is obviously unconstitutional. But then, if the latest poll numbers are right, a large majority of Arizonans don't care what the Constitution says.
At least, when it says things they don't like. Bet they all love watching those Glenn Beck shows on the Founding Fathers, though.

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