The Constitution Trumps Arizona.

[elleng]

'Only the federal government can set or enforce immigration policy, the government said in its lawsuit against the state, and “Arizona has crossed this constitutional line.”

There is nothing terribly complicated about this principle, which is based on several aspects of the Constitution, acts of Congress, and Supreme Court decisions over the years. A patchwork of state and local immigration policies would cause havoc.'

http://www.nytimes.com/2010/07/08/opinion/08thu1.html?hp

For those interested, here's DOJ's Complaint:

http://www.justice.gov/opa/documents/az-complaint.pdf

[Ozymanithrax]

1. And the SCOTUS isn't inclined to sweep away more than a

century of existing law and reinterpret the Constitution...like they did with campaign finance.

Pardon me if I don't consider this fait acompli until after SCOTUS makes its decision.

[Demeter]

2. It would be a telling event if SCOTUS Came Out FOR Arizona

Are they that stupid and venal and corrupt? What a stupid question--I withdraw it.

[classysassy]

5. The lawless five

will ride again and the citizens will suffer again.

[LiberalFighter]

6. If O'Connor is likely to support the AZ law then it is very likely IMO.

[Igel]

3. This might be different.

The law doesn't differ much from federal law, so it'll be hard to argue that it steps on federal law.

There's also no significant enforcement: The suspects are detained and, when they run afoul of the mechanism for investigating their backgrounds are turned over to the Feds. So it's hard to argue that it steps on Federal law enforcement prerogatives. Although it does put the federal government in a sticky position: Deport them or release them?

I guess you can argue that it's unconstitutional for the state to investigate their background. But businesses can do something very much like it under the e-Verify program that many claim for Obama, and there are numerous federal-local coooperative programs that allow states and local authorities to do it.

If SCOTUS sides with this law, it'll be seen as breaking with precedent. On the other hand, if faced with crucially different circumstances you rather expect that the decisions might vary.

I'll read the filing; I'll read the opinion, if it's pointed out and I have time.

[Jefferson23]

4. I am thrilled with Obama and Holder on this issue, so is the ACLU:

U.S. Department Of Justice Files Lawsuit Against Arizona's Racial Profiling Law

July 6, 2010
ACLU And Other Groups Also Challenging Law Laud Obama Administration's Action

FOR IMMEDIATE RELEASE
CONTACT: [phone]; [e-mail]

WASHINGTON – The U.S. Department of Justice (DOJ) filed a lawsuit today challenging Arizona's recently enacted racial profiling law known as SB 1070. In taking this extraordinary action, the federal government has sent a clear message that it will not tolerate state laws that invite racial stereotyping and profiling and interfere with federal immigration priorities and policies.

The American Civil Liberties Union, along with a coalition of leading rights groups, filed a lawsuit in May challenging the constitutionality of the law.

The civil rights coalition includes the ACLU, MALDEF, National Immigration Law Center (NILC), Asian Pacific American Legal Center (APALC) – a member of the Asian American Center for Advancing Justice – ACLU of Arizona, National Day Laborer Organizing Network (NDLON) and the National Association for the Advancement of Colored People (NAACP). The law firm of Munger, Tolles & Olson LLP is serving as pro bono co-counsel in the case.

The following statements can be attributed to members of the coalition, as listed below.

Lucas Guttentag, Director of the ACLU Immigrants' Rights Project:

"We commend the Obama administration for taking this critical step to negate Arizona's unconstitutional usurpation of federal authority and its invitation to racial profiling. The administration's lawsuit is a cannon shot across the bow of other states that may be tempted to follow Arizona's misguided approach. We will continue to aggressively pursue our legal challenge and welcome the Justice Department's participation in the battle to preserve American values of fairness and equality."

Linton Joaquin, General Counsel of NILC:

"States planning to follow in Arizona's misguided footsteps should take note: the United States cannot and should not allow immigrants and communities of color to be targets of hateful racial profiling legislation that puts their civil liberties on the line. We are pleased to see that the government has exercised its legal right to protect the rights of those within its borders and ensure that federal issues remain squarely in the federal domain."

Alessandra Soler Meetze, Executive Director of the ACLU of Arizona:

"The Obama administration's action against this 'show me your papers' law sends a loud and clear message against state laws that institutionalize racial profiling of Latinos and result in an erosion of trust between law enforcement and the community. There has been a long history of racial profiling of Latinos in our state, particularly in Maricopa County, causing witnesses and victims of crime to be less willing to come forward. We will fight vigorously to keep this law from going into effect, and welcome the administration's efforts toward the same goal."

Julie Su, Litigation Director, Asian Pacific American Legal Center, a member of Asian American Center for Advancing Justice:

"We welcome the Department of Justice's action against Arizona's law that invites racial profiling of anyone who might be perceived as being foreign, including Asian Americans. We hope the DOJ's challenge to this discriminatory law signals a willingness on the part of the federal government to address the myriad ways that our country's broken immigration system affects Americans and those who seek a better life by coming to America. We need federal action to prevent more cities and states from introducing copycat measures that violate core American values of fairness and equality."

Chris Newman, Legal Director, NDLON:

"The Department of Justice has the legal and moral obligation to challenge SB 1070, not just to protect civil rights in Arizona but also to defend the federal government's exclusive authority to define and implement United States immigration policy."

Benjamin Todd Jealous, President and Chief Executive Officer of the NAACP:

"In filing this lawsuit, the Obama administration has taken a strong and principled stand against Arizona's discriminatory law. African-Americans have the misfortune of being all too familiar with the pernicious effects of racial profiling, and we welcome the addition of the administration to the broad spectrum of organizations already challenging this unconstitutional law. Laws that encourage discrimination have no place in this country. We are confident that the courts will prevent it from ever taking effect."

Organizations and attorneys on the case, Friendly House et al. v. Whiting et al., include:

• ACLU Immigrants' Rights Project: Guttentag, Omar Jadwat, Cecillia Wang, Tanaz Moghadam and Harini P. Raghupathi
• MALDEF: Thomas A. Saenz, Nina Perales, Cynthia Valenzuela Dixon, Victor Viramontes, Gladys Limón, Nicholás Espiritu and Ivan Espinoza-Madrigal
• NILC: Joaquin, Karen Tumlin, Nora A. Preciado, Melissa S. Keaney, Vivek Mittal and Ghazal Tajmiri
• ACLU Foundation of Arizona: Dan Pochoda and Annie Lai
• APALC: Su, Ronald Lee, Yungsuhn Park, Connie Choi and Carmina Ocampo
• NDLON: Newman and Lisa Kung
• NAACP: Laura Blackburne
• Munger Tolles & Olson LLP: Bradley S. Phillips, Paul J. Watford, Joseph J. Ybarra, Susan T. Boyd, Yuval Miller, Elisabeth J. Neubauer and Benjamin Maro
• Roush, Mccracken, Guerrero, Miller & Ortega: Daniel R. Ortega, Jr.

More information about the Arizona law, including an ACLU video and slide show, can be found at: www.aclu.org/what-happens-arizona-stops-arizona

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7/2/2010 | California Southern | Discrimination, Due Process, Immigration Discrimination, Racial Profiling, Technology and Liberty

http://www.aclu.org/immigrants-rights-racial-justice/us-department-justice-files-lawsuit-against-arizonas-racial-profili