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Immigration Pushed To The Forefront Again.... Thanks! To Everyone Who Has Propelled This Issue To Its' Rightful Position. Years Of Hard Work Are Paying Off.....Keep Up The Good Work!......
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Old 04-02-2011, 09:04 AM
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ilbegone ilbegone is offline
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Default Judge puts brakes on 1070

Judge puts brakes on action in Arizona immigration case

The future of Arizona's controversial Senate Bill 1070 will remain in limbo until the U.S. Court of Appeals for the 9th Circuit issues a ruling, a federal court judge decided Friday.

And there's no telling when that will be.

The appeals court heard arguments on Nov. 1 regarding U.S. District Court Judge Susan Bolton's decision to halt most of the key provisions of SB 1070, which was signed into law last April, from going into effect.

Bolton said Friday that she had been waiting to move forward with the lawsuit filed by the U.S. Department of Justice challenging the law's constitutionality until there was a ruling on her injunction. It's now been five months, she said.

"I had anticipated that we would have had a decision. I was betting for February and now March has come and gone," Bolton said, saying she gets no advance notice on when a ruling may come and that it could happen tomorrow or in a year.

Bolton said she was reluctant to continue to wait, but she and attorneys representing the federal government on one side and the state and Gov. Jan Brewer on the other agreed that they couldn't move forward with the underlying case until they had an appeals court decision.

Bolton said once an appeals court ruling does come down, the two sides will have 30 days to let her know whether they will appeal again, which could go as high as the U.S. Supreme Court.

But there are some things that will happen while they continue to wait.

Bolton said they will move forward with a countersuit Brewer filed in February alleging that the federal government has failed to secure the border.

Varu Chilakamarri with the U.S. Department of Justice said they will file a motion to dismiss the countersuit within the next couple of weeks.

Bolton also will make a decision on a request by Senate President Russell Pearce, the author of SB 1070, to join the lawsuit as a defendant. She had initially denied Pearce's request, but the Legislature passed a measure earlier this year authorizing Pearce and Speaker of the House Kirk Adams to intervene on behalf of the Legislature.

Brewer supports Pearce's request; the U.S. Department of Justice opposes it. Friday, Bolton heard arguments from all the involved parties.

Pearce said he needs a seat at the table because he can best explain the intent of the Legislature in writing and passing SB 1070.

"I think we would enhance the debate," he said. "This impacts the entire nation, and we need to be at the table."

Attorney Paul Orfanedes with the conservative nonprofit Judicial Watch is representing Pearce at no cost to the state.

He admitted to Bolton that it is unprecedented for a Legislature to ask to join a lawsuit in which state or gubernatorial attorneys are already defending a state law. But he said passing a law saying that the state wants the Legislature to be represented in such a case also has never happened.

"This is the Legislature's baby. It knows this very controversial legislation better than anybody else," he said.

Chilakamarri said it would be unwarranted and unprecedented for Bolton to allow Pearce to intervene just because the state passed a law saying he could.

Bolton said she would rule on the matter later, but gave the impression that she may deny Pearce's request. She said she was concerned that adding another party to the case would mean more lawyers, more documents filed and more time.

"You are really not offering me anything that says the interests of the state Legislature are not being adequately represented," she told Orfanedes.

http://www.azcentral.com/news/electi...ing-limbo.html
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Old 04-02-2011, 12:19 PM
wetibbe wetibbe is offline
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What a sad day for America.

I wrote to Judge John Roll last year and told him that Susan Bolton was not eligible to hear this case. The DOJ is an abomination more corrupt than some banana republic.

Explosive new evidence shows ruling of AZ judge illegal
July 31st, 2010 12:07 pm ET . Anthony Martin Conservative Examiner.FollowSubscribeSponsor an Examiner ...
.View all of Anthony's articlesPrintEmailShare on FacebookShare on Twitter208 comments.

In a stunning development that could potentially send the nation into a Constitutional crisis, an astute attorney who is well-versed in Constitutional law states that the ruling against the state of Arizona by Judge Susan Bolton concerning its new immigration law is illegal.

(Daniel Bayer/CBS News via Getty Images). The inept U.S. Attorney-General Eric Holder.

The attorney in question submitted her assertion in a special article in the Canada Free Press. Her argument states in part,

"Does anyone read the U.S. Constitution these days? American lawyers don’t read it. Federal Judge Susan R. Bolton apparently has never read it. Same goes for our illustrious Attorney General Eric Holder. But this lawyer has read it and she is going to show you something in Our Constitution which is as plain as the nose on your face.

"Article III, Sec. 2, clause 2 says:

"In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction."

In other words, the Judge in the Arizona case has absolutely no Constitutional jurisdiction over the matter upon which she ruled. As the Constitution makes abundantly clear, only the U.S. Supreme Court can issue rulings that involve a state.

This means that neither Judge Bolton nor the 9th Circuit Court of Appeals in San Francisco, to which the case is being appealed, have any legal standing whatsoever to rule on the issue.

Thus, U.S. Attorney-General Eric Holder filed the federal government's lawsuit against the state of Arizona in a court that has no authority to hear the case.

The attorney whose heads-up thinking concerning the Constitution provides the legal remedy for dealing with this blatant disregard for Constitutional law in the article at Canada Free Press, which can be accessed at the link above.
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Last edited by wetibbe; 04-03-2011 at 04:39 AM.
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Old 04-02-2011, 02:21 PM
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ilbegone ilbegone is offline
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It seems that the DOJ suing Arizona is not an isolated case concerning the states. Furthermore, it seems the DOJ is sticking its nose into a lot oc cases which could be handled by a local prosecutor, or otherwise taken through the local court system.



Quote:
LOS ANGELES (CBS/AP) March 15, 2011 — The Justice Department is suing the state of California alleging that a Sikh inmate in a San Luis Obispo prison was unfairly disciplined for refusing to trim his beard in adherence to his religion. http://losangeles.cbslocal.com/2011/...ligious-right/
Quote:
Administration sues states over military absentee voting
Justice Department crackdown affects 14 states; Republicans say it came after foot dragging.
By Gary Martin

WASHINGTON - A Justice Department crackdown to force states to comply with a new law that protects absentee voting rights of military personnel serving abroad was announced Wednesday by Assistant Attorney General Thomas Perez.
Perez said the Justice Department has taken legal action or reached agreement with 14 states, the District of Columbia and U.S. territories to ensure as many 65,000 military absentee votes are*counted.
http://www.mysanantonio.com/news/loc...tee-726429.php
Quote:
March 01, 2006
"Justice Department Sues New York State Over Voting Rights"
The DOJ has issued this press release, which begins: " The Justice Department announced today that it has filed suit against the State of New York alleging violations of the Help America Vote Act of 2002 (HAVA). The lawsuit was filed in the U.S. District Court for the Northern District of New York, in Albany. The government’s complaint contends that the state has failed to comply with two of HAVA’s requirements governing federal elections: that states (i) adopt voting systems that are fully accessible by disabled voters and are capable of generating a permanent paper record that can be manually audited, and (ii) create a statewide computerized voter registration database. The lawsuit is the first filed to vindicate these important federal obligations." Thanks to an Electionline.org e-mail alert for bringing this to my attention.
http://electionlawblog.org/archives/005039.html

Quote:
Justice Department’s Civil Rights Division sues New Jersey over police exam April 2, 2011

The Justice Department Civil Rights Division announced Thursday that it is suing the state of New Jersey over a police examination that it claims discriminates against African-American and Hispanic candidates.

The exam, a written test that New Jersey police officers must pass in order to advance to the rank of sergeant, quizzes candidates on state and local laws.
http://dailycaller.com/2010/01/13/ne...r-police-exam/
Quote:
Friday, May 7, 2010
U.S. Justice Department sues state of Arkansas over ADA violations for needless institutionalization of people with disabilities
LITTLE ROCK, Ark. — The U.S. Justice Department sued the state May 6, alleging Arkansas centers that care for the developmentally disabled are needlessly institutionalizing people in violation of the Americans with Disabilities Act.

The lawsuit, filed in U.S. District Court here, comes two months after the Justice Department sought a federal court order to halt new admissions of school-age children to the Conway Human Development Center. A federal judge denied the motion.
http://media-dis-n-dat.blogspot.com/...-state-of.html
And the flip side to the Arizona lawsuit pursued during King Georges' reign:

Quote:
Monday, September 24, 2007
DOJ sues Illinois for usurping federal immigration law
http://illinoisreview.typepad.com/il...es-illino.html
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Old 04-02-2011, 02:31 PM
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ilbegone ilbegone is offline
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Quote:
"Article III, Sec. 2, clause 2 says:

"In all Cases ... and those in which a State shall be Party, the supreme Court shall have original Jurisdiction..."
If so, and not subject to further interpretation in court cases brought before the supreme court, it seems there is quite a bit of ignoring the constitution through at least two administrations.

The 11th amendment has some bearing on Art. III, but my eyes got to glazing over - I believe that it gave states immunity from being sued, but further decisions allowed individual state office holders to be sued.

The 11th amendment came about in response to a previous abuse by the Supreme Court of the time.
__________________
Freibier gab's gestern

Hay burros en el maiz

RAP IS TO MUSIC WHAT ETCH-A-SKETCH IS TO ART

Don't drink and post.

"A nickel will get you on the subway, but garlic will get you a seat." - Old New York Yiddish Saying

"You can observe a lot just by watching." Yogi Berra

Old journeyman commenting on young apprentices - "Think about it, these are their old days"

SOMETIMES IT JUST DOESN'T MAKE SENSE.

Never, ever, wear a bright colored shirt to a stand up comedy show.

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