I note the jubilation over Judge Bolton’s decision in the AZ case but IMO it’s premature.

[jody]

The decision at the link below and the portions I quote below from Bolton’s preliminary injunction if sustained by SCOTUS would IMO not be a victory.

Decision at http://www.cbsnews.com/htdocs/pdf/AZ_DECISION.pdf

Applying the proper legal standards based upon well-established precedent, the Court finds that the United States is likely to succeed on the merits in showing that the following Sections of S.B. 1070 are preempted by federal law:

Portion of Section 2 of S.B. 1070
A.R.S. § 11-1051(B): requiring that an officer make a reasonable attempt to determine the immigration status of a person stopped, detained or arrested if there is a reasonable suspicion that the person is unlawfully present in the United States, and requiring verification of the immigration status of any person arrested prior to releasing that person

Section 3 of S.B. 1070
A.R.S. § 13-1509: creating a crime for the failure to apply for or carry alien registration papers

Portion of Section 5 of S.B. 1070
A.R.S. § 13-2928(C): creating a crime for an unauthorized alien to solicit, apply for, or perform work

Section 6 of S.B. 1070
A.R.S. § 13-3883(A)(5): authorizing the warrantless arrest of a person where there is probable cause to believe the person has committed a public offense that makes the person removable from the United States

The Court also finds that the United States is likely to suffer irreparable harm if the Court does not preliminarily enjoin enforcement of these Sections of S.B. 1070 and that the balance of equities tips in the United States’ favor considering the public interest. The Court therefore issues a the enforcement of the portion of Section 2 creating A.R.S. § 11-1051(B), Section 3 creating A.R.S. § 13-1509, the portion of Section 5 creating A.R.S. § 13-2928(C), and Section 6 creating A.R.S. § 13-3883(A)(5).

Since the law is severable Arizona can enforce the other portions unless some higher court also enjoins them.

IMO celebration should be postponed until the fat-lady sings.

[atreides1]

1. This was only one lawsuit

There are at least 6 others that she has to make a decision on.

[jody]

2. Understand but it was US v. AZ that should be the best argued opposition to the AZ law. n/t