AZ judge blocks provisions of SB 1070 : The Swamp
The Swamp
Chicago Tribune
Posted July 28, 2010 2:10 PM
The Swamp

by Mike Memoli

A federal court in Arizona has blocked the most controversial provisions of the state's anti-illegal immigration bill from becoming law.

10-1413-87.pdf

Judge Susan R. Bolton, appointed by President Clinton in 2000, said in her ruling that "the United States is likely to suffer irreparable harm" if it did not block provisions requiring state law enforcement officials to check the legal status of any individual suspected of being an illegal immigrant.

"The Supreme Court has consistently ruled that the federal government has broad and exclusive authority to regulate immigration, supported by both enumerated and implied constitutional powers," the ruling states.

Nicholas Riccardi, reporting from Phoenix for the L.A. Times:

Bolton's ruling found that the Obama administration was likely to prevail at trial in proving the two provisions, and two other ones in the sweeping law, were an unconstitutional attempt by Arizona to regulate immigration. Arizona is expected to immediately appeal the decision to the U.S. Ninth Circuit Court of Appeals in San Francisco.

Tribune Supreme Court reporter David Savage says that if the state were to appeal, the 9th Circuit would likely defer to the lower court's ruling.

President Obama, traveling to New Jersey when the ruling was issued, was not expected to address the matter. He was due to hold a roundtable with small business owners at a sub shop in Edison.

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Comments

Please notice, Judge Bolton was appointed, if anyone out there doesn't believe that Nobama and Holder had nothing to do with her ruling. I have some swamp land I would like to sell you. This stinks out loud, she more than likely just wanted to keep her job. Its a crying shame that politics has to be involved is every decision. When it should be the will of the people. I can not wait to see the demise of this regime.


LAME! Suffer irreparable harm? I got news for you Lady, you also just described the whole Obama administration's effect on the USA in a nutshell.


Hey! Whether its the economically strained state of Arizona, Fremont Nebraska, Hazleton, Pennsylvania, Californians, Proposition187 or any other small town, hamlet or community suffering from being forced by IRS regulations to subsidize illegal aliens? Or just the overwhelming criminal activity that has spread throughout America like a pestilence unfettered drunk drivers, assaults, murders, rapes, child predators and other terrible afflictions played on innocent victims. Americans are like taut bands of cat gut that cannot expand any more. They are angry and exasperated with every administration that has offered irrelevance to Citizens-legal residents. We will--NEVER--get the truth from certain media, such as the Liberal oriented Los Angeles Times, New York Time or the most ultra left Huffington Post? The rhetorical and propaganda that spills like toxic spit, is downright dishonorable to the taxpaying public

The US GOVERNMENT has unremittingly lied to us, Lied about the real border fence, lied about the quantities of illegal aliens squatting here in the US and continuously lied to us about the costs in supporting illegal aliens and their households. I hope every American develops into a whistle-blower to inform ICE where illegal aliens are? And just like our own government connives with the open border nuts, I do hope every American uses his wits to ponder some way to track these criminals and get them handcuffed and deported. Inform on business holders who are using illegal labor or some other method, should get a reward. YOU CANNOT BELIEVE ONE WORD OUR GOVERNMENT TELLS US, AS THIS HAS BEEN SHOWN BY THE SECRET FILES RELEASED TO THE NEW YORK TIMES ABOUT THE WAR IN AFGHANISTAN.

I HAVE JUST HEARD THAT FEDERAL JUDGE BOLTON IN ARIZONA HAS RULED THAT CERTAIN PORTIONS OF THE LAW ARE NOT APPLICABLE. MORE THAN EVER NOW WE MUST BOYCOTT ANY BUSINESS, COMPANY, OR STORE THAT DOESN'T USE E-E VERIFY AS A DIRECT DANGER TO OUR JOBS. TO OUR NATIONWIDE.WELFARE SYSTEM. WE MUST PUBLICIZE ALL THOSE CORPORATE, BUSINESS WORMS WHO ARE USING ILLEGAL LABOR. DIRECT THE BLAME SEN. HARRY REID OF NEVADA, A LIBERAL-DEMOCRAT FOR STOPPING A PERMANENT E-VERIFY IN THE SENATE. REMOVE THIS CORRUPT POLITICIAN FROM OFFICE IN NOVEMBER. THROW OUT ALL INCUMBENTS OUT OF OFFICE. CALL YOUR REPRESENTATIVE IN WASHINGTON AND DEMAND THEY STOP THE FOREIGN OCCUPATION OF NATION AT 202-224-3121 MILLIONS ARE JOINING WWW.NUMBERSUSA.COM AND FIGHTING BACK AGAINST GENERATIONS OF LYING GOVERNMENT


The Liberal Democrats are desperate and it’s conceivable in the next ten days they are going to forcibly enact "The Dream Act" They are trying to show that they are troubled for the children caught up in the illegal immigration invasion. NumbersUSA say's "NO", --because our schools are already crippled to overcrowding as our government in the past have past disgraceful laws and opening more avenues for illegal immigrants to get stealth formulas of AMNESTY. It means US children will be displaced as they are already now and illegal alien progenies having more rights than persons born here or legal immigrants who came through the proper entrance. If we allow the Dream Act to pass, it will inevitably be the precursor for even more immigration laws, to be enacted through clandestine sessions in Washington.


Enable yourself and advance your angry opinion at the corrupt reservoir of politicians, who are feathering their nests on your taxes. Call, fax or protest your adversity to any kind of AMNESTY, including the DREAM ACT.

Attention to every American and legal resident:

Immigration Amnesty Would Provide Hundreds of Billions in Social Security Money to Illegal Workers

WASHINGTON, July 27 The "Earnings Suspense File" (ESF), used by the Social Security Administration (SSA) to track names and Social Security numbers that do not match government records, has tripled over the past decade. “The major cause of growth in the ESP file is unauthorized work by non-citizens,” according to SSA Inspector General Patrick P. O'Carroll in his report.

Under contemporary law, an illegal alien who achieves authorization to work in the United States at some later date may become entitled for Social Security benefits and that’s even for work performed in this nation illegally using an appropriated Social Security number. The upon receiving a valid Social Security number, unauthorized earnings can be reestablished into the laborers’ new, lawful Social Security account and that’s without penalty, and at “YOU” the taxpayer expense.

"Millions of senior and disabled supporters are adamant on one thing, that they don't need one cent of their already fixed income or Social Security checks now, or in the future, to be taken away by any SSA administration and given to today's illegal labor as an incentive for illegal work. This is about protecting Social Security's dwindling funds for the pensions of American citizens." The Liberals are determined by any means to extend a welcome, to all members of the illegal alien occupation of our country. But over the years, both parties are equally to blame for this chaos that is now evident in every neighborhood throughout America.
Remember that those politicians in Washington and state level, along with Governors, Mayors and officials must be driven out of office, beginning with pro-amnesty Senator Reid (D-NV) in November. Reid does reside over a very heavily populated state, where illegal aliens have congregated. Like California both states have been overwhelmed. But unlike Arizona the politicians have spoken out and are trying to enforce a policing law, to extract foreign interlopers who are criminals by intent. Call your Representative at 202-224-3121


As expected the Arizona Immigration case is going all the way to the U.S. Supreme Court. The U.S. Ninth Circuit Court of Appeals, the most Liberal and the Appeals Court with the most overturned decisions by the U.S. Supreme Court, will uphold Judge Bolton's decision. The U.S. Supreme Court will be the final judge in this matter.
x
There should be a Congressional Investigation into the Obama Administration, like many of its Democratic and Republican Administrations before it, refusal to fully enforce current immigration laws and protect the borders of the United States from illegal crossings. For potential future votes and cheap labor our elected leaders, including Obama, have looked the other way and have Not enforced the laws and provided protection of the borders. In the meantime the country has been flooded with illegal immigrant.


Jan's Law Halted at the GOP TEA PARTY "SNAKES" Border Beat! Jan's GOP Economic Holocaust unto the state of Arizona halted at the McCain/Kyl post Bush/Cheney 108th Congress phony 4.4 Billion Dollars Secure Fence Act. The same border that President's Obama's fault! While claiming it's Representative Joe Wilson's YOU LIE! YOU LIE! Is at fault! At fault we failed at the GOP 2003 Economic Opportunity Immigration and Naturalization ACT! SB1070 on steroids! Jan's Camp Arpaio Section 1070 brown skin, brown eyes, YOU LIE! YOU LIE! Brown skin, brown eyes men, women, children and your neighbor Tents FAILED in this part of America. No Halliburton "prisons for profits" Camp Pearce in Mesa Arizona. No Camp Kavanaugh located in Chandler Arizona. No Camp Kobach in Arizona. Jan's Law halted at the GOP Theft by Deception Axis of Evil doers at the Capitol of Arizona. Hip Hip Hooray!


This judge did no favors for America today, hope your happy with yourself sweetheart.


The Supremacy Clause does not prohibit States from enacting their own regulatory laws. It clearly states “Judges in every State be bound thereby”.
Meaning Federal law supersedes state law.

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.


Judge Bolton,
When you took the job to be a judge the first thing you were supposed to promise yourself as well as others is to be honest at all times.
It is not only disappointing, but very obvious that your decision to block the key components of the SB1070, was swayed by the administration (democratic persuasion).
You will never be re-elected in Arizona again, I promise you that.
Remember, most of the Arizonans and millions of others throughout our country voted for this law. The majority of Arizonans that voted for this law also were likely to have been responsible for you to be an Arizona judge today.
A judge owes it to all Americans that they uphold the laws of the constitution and most of all, that they remain honest and unbiased.
You are very biased and do not deserve the responsibilities of a judge.


Sorry Racists Right Wingers in AZ, Racial Profiling IS NOT Immigration Reform!!!


At least for now, AZ won't have to worry about local police running around asking brown people for their papers.


The judge clearly stated that this provision was a clear violation of the separation of powers. That's huge if any other Wingnut dominated, minority hating states want to implement anything like this.



I can't wait to watch the racist right wing Teabagger heads explode when they find out that Republican Senator Jon Kyl, one of the wingnuttiest of the freaks in the senate, is the reason that Bolton is on the bench


http://judgepedia.org/index.php/Susan_Bolton



Americans have no rights, only illegals have. We are the only coutry in the world that is stupid on this issue.. Government do your job and protect the American people.We get stopped and check points all the time to see if we have been drinking. We have to show proof of, ins and our dL, all the time. I have been stopped at least 20 times this year. What is the matter with you people and you fat pay checks and so nothing for the American People.


Arizona's Economy Already Reeling From The Republicans Racist SB1070 Law


Arizona Republicans "Get the hell off my lawn" warm welcome for immigrants, otherwise known as SB1070, is already having a negative impact on the state's economy, as Hispanics and their business — and their businesses — have begun fleeing the state.


The LA Times reports on the predictable fallout when the state makes an entire ethnic group feel unwelcome: sections of Phoenix are turning into ghost towns as businesses and tenants pick up and leave for more welcoming states before the law takes effect.


The trickle-down effect of kicking illegal immigrants is that businesses owned by legal residents get kicked too, either out of business or out of the state. For a state (and a nation) trying to get a recovery going, this can't be good.


http://articles.latimes.com/2010/jul/22/nation/la-na-immigration-phoenix-20100723


http://www.guardian.co.uk/world/2010/jul/18/hispanics-flee-arizona-immigration-law



The Republicans Who Crafted Arizona's Racist immigration Law, are....RACISTS!


The new Arizona immigration law was inspired and paid for by FAIR, the Federation of American Immigration Reform. It turns out they have a long history of RIGHT WING RACIST, WHITE SUPREMACIST roots.


And here's the proof.


http://www.youtube.com/watch?v=6chiuYoQOhM



The truth is that States like AZ and CA have suffered irreparable harm from an invasion of millions of illegals. That is not "likely," it is a fact.


So where do we, citizens of those states go to be compensated for the economic and social harm to our lives?


Move over, Californians and Arizonians will be coming to YOUR states in droves. They already are. Since California will no longer be the 5th largest economy in the world; it is now 8th and falling. Where is the US going to get leadership to rebuild an economy? From millions of poor people? I don't think so. California and Arizona are being rebuilt as a northern extension of Mexico.


There are whole US cities based on the same economic model that makes Mexico a third world nation: The barter system, buying, selling and working for cash only, in order to avoid taxes. And then there is the corruption like in the city of Bell:


http://www.bloomberg.com/news/2010-07-20/california-official-s-800-000-salary-in-city-of-38-000-triggers-protests.html


Bell is a city 10 miles outside of LA. The city manager is make $800,000 yearly in a city of 38,000 people. How can that happen? Read the story.


The Judge simply recognize the legal language that doesn't promise anything but JIM CROWISM at the doorsteps of the White House! The Judge simply recognize the criminal racial profiling element within the language of the law. The Judge regognize the preemption of Federal Law by way of "trespassing laws" in the United States. The Judge recognize that if a man was to "wink" outside of a restaurant to his wife, and his wife was to reciprocate with a "nod" is not Trespassing in the First Degree. What this GOP Arizona TEA PARTY SNAKES in the DESERT have been attempting every since they got their hands on GRANT MONEY in the billions. So the Judge recognize the crimnal "human economic opportunity" burden unto the State. Simply, saying YOU LIE! YOU LIE! Keep the MCSO Arpaio cars coming! Doesn't give you the right to question, detain, render or "force" a person or person(s) to "ATTEST" their citizenship, or naturalization at GUNPOINT! SWATPOINT! The Misguided GOP Arizona way! That's what the Judge saw in walking while SB1070 in America.


Rob
I love reading your posts, it reminds me of the stupidity of Dems because they can only fall back on race. Maybe if you've had to deal with the fallback of the illegal aliens you might feel differently. Try getting injured by one in an accident no insurance, no licence, they just leave. See if that doesn't leave you a little bitter. Have a safe ride home.


Since Rob is so for the illegals being here, he will be the first to step down from his employment and offer it to an illegal as a gesture of goodwill. I think all good liberals should just give their jobs to illegals because there are so few jobs and they need them. If they're going to stay here they will need jobs.


The Eve of Arizona's SB1070: The Eve of Destruction?

On the eve of implementation of SB1070, Arizona’s anti-illegal immigration law, United States District Court Judge Susan Bolton, a Clinton appointee, issued her decision on the federal government’s suit seeking an injunction against or the voiding of SB1070.

In a nutshell, illegal aliens won, the American people lost, although we haven’t lost everything. The judge gutted the principal features of the law but allowed some provisions to stand.

Also, there will be appeals, first to Bolton to re-consider her decision and then probably to the Ninth Circuit Court of Appeals which is the most liberal circuit court in the country but which has sided with Arizona on similar issues in the past.

There were high hopes that Judge Bolton would find for Arizona since she had voiced skepticism as to whether SB1070 actually does pre-empt federal immigration law and whether the feds should be trying to overturn Arizona’s right to be “inhospitable” to illegal aliens but politics eventually prevailed.

Okay, so what’s out and what’s still in? . . .
(Read more at http://www.genelalor.com/blog1/?p=1810)


Let's look at reality - Arizona will appeal this to the 9th circuit in San Francisco - being the 9th Circuit, they will uphold the law. Arizona will the appeal this to the US Supreme Court, which will overturn the 5 - 4.

Also, this ruling will fire-up the conservative base, which will pay dividends in November.


BRITTANICUS,
No one could have said it better.
ROB,
Crawl back under your rock, your the racist face it.


"...You will never be re-elected in Arizona again, I promise you that."
--------

Correct. She will never be re-elected because she is appointed. She is appointed so that she can make the right decisions without having to worry about political pandering.
----

"....So where do we, citizens of those states go to be compensated for the economic and social harm to our lives?
"
---------------

Silly, the answer is: China. All the CEO's have already sourced out our jobs to China for cheaper labor. Why worry about Paco picking strawberries for $1.25 an hour?

--------
"Move over, Californians and Arizonians will be coming to YOUR states in droves. They already are. Since California will no longer be the 5th largest economy in the world; it is now 8th and falling. Where is the US going to get leadership to rebuild an economy? From millions of poor people? I don't think so. California and Arizona are being rebuilt as a northern extension of Mexico."

----

Why are you fighting for crumbs with the illegals? America is not going down because of illegal immigrants. Illegal immigrants existed for years. America is going down because of greed, and moral decline. $4 trillion down the drain for bad housing market. $2 trillion for the two wars. The tax legislation enacted under President George W. Bush from 2001 through 2006 will cost about $2.48 trillion plus interests. More spending for Obama's Healthcare that doesn't reduce cost. . .the list goes on and on. . .

As for me, I rather focus on investing in new technologies, and innovation to get this country back into prosperity. Investment in massive power grid overhaul. Investment in new automated factory to compete with cheap labor, improve energy efficiency, bio-engineering to increase crop and reduce pollution.

But, you are more than welcome to chase frighten illegal immigrants around, if you think that will put America back to prosperity. It's just very comical for me that people think Illegal Immigrants are the source of the problem. When they are all deported, the problems remain the same: your job is still outsourced to China. Our debt is still 14 trillion. There is still 2 millions homes under foreclosures. The two wars will never end anytime soon. At the end of the day, the problems aren't being solved.



Since Rob is so for the illegals being here, he will be the first to step down from his employment and offer it to an illegal as a gesture of goodwill. I think all good liberals should just give their jobs to illegals because there are so few jobs and they need them. If they're going to stay here they will need jobs.

Posted by: vla | July 28, 2010 6:03 PM

Although I like your idea it won't work. The reason is liberals don't work. They live off the tax payers.


@Joan Wolfe:

If you've actually been "stopped 20 times this year," maybe you ought to lay off the sauce.

Your driver's license "argument" is of course false. Driving is a privilege. If you seek that privilege, you have to meet the conditions for doing so, including getting a license and keeping insurance.


Being alive is not a privilege you seek out voluntary. One does not need proof of citizenship in order to exist, yet the AZ hater law did just that.

---------------

@Lisa:

If you'd made it through 8th grade you'd have learned that Federal Judges don't run for election. The rationale for lifetime appointments is this will embolden them to make decisions on the basis of the law, regardless of whether those decision upset shrill, pathetic cowards like you.



Mr. Rogers Speaks! It's a great day in the neighborhood, won't you be mine, won't you be my neighbor. Won't you please, please be my neighbor! Walking that post SB1070 way! Talking that post Wink Wink, Nod, Nod way! Stop! Stop! You're all just not "illegal." It's a beautiful day in the neighborhood! Russell Pearce, won't you be my neighbor! Won't you please! Please be my neighbor! Instead of Jim Crow stepson on a mission from Kobach fields of "YOU LIE" "YOU LIE" Professor who went through the White House backdoor! It's a beautiful day in Arizona's neighborhoods! Won't you be my neighbor! You can carry a gun without a permit! You can carry a concealed weapon without a permit! You can now buy liquor at 6AM because 19,999 unserved MCSO Arpaio Strausse Warrants still go unserved. Because it's a beautiful day in the neighborhood, won't you be my neighbor! Because in Arizona, you can now "sue" the County for "civil rights' violations because SB1070 "Video" starring YOU LIE! YOU LIE! "unattested" unto Jan's Law! Kobach's law! GOP TEA PARTY America law! While walking, that way! Talking that way! It's a beautiful day in the neighborhood, won't you be my neighbor! No Camp Arpaio, no Federal Dollars to pay for it! No Camp Pearce in Mesa, no Obama bucks to build it! No Camp Spencer in Phoenix! Because it's a beautiful day in Arizona won't you be my neighbor! Boo Hoo! Boo Hoo! Just keep listening to the voices! George is! Sarah is! Beck is! No 3/5th for you and no 3/5th for you too!


“House Bill 2013” and “SB1070”

0 = Arizona
2 = USA/ Our Constitution/ We the People of the United States

This month of July 2010, our U.S. Federal courts have found the so called State of Arizona hate filled legislation namely “House Bill 2013” and “SB1070” Un-constitution (So much for the intellect of Jan Brewer, “Did you read the bills you signed?”). But we all know that they will go crying to the Supreme Court of the United States, please, please, please go. We will fight you in Arizona, any other state, and yes in Washington DC. We will not tire, we will not be silent and we will persevere, I promise you.

In my opinion the Republican Party has been taken over the most extreme of clans; the Baggers, Birthers and Blowhards (people who love to push their beliefs and hate on others while trying to take away the rights of those they just hate) and that’s who they need to extract from their party if they real want to win in November. Good Luck, because as they said in WACO, “We Ain’t Coming Out”.

It’s all about politics: Jan Brewer you were never elected to be Governor, but you have no problem trying to get elected on the back of undocumented workers, you loser (sure you may win but the long-term effects to your so called State is just beginning). Here is a partial list of your hate filled legislation;

1. S.B. 1070,
2. House Bill 2013
3. No permit conceal weapons law,
4. The famous Birthers law,
5. Banning Ethnic studies law,
6. Banning human-animal hybrid (aren’t most GOPers crossed with the Reptilian race?)
or are they just giving Laurence Gonzales, some great promotion material for his new book “Lucy”.

7. Could she be behind the Mural in Prescott, Arizona, ordered to be whiten,
8. On deck to pass, no citizenship to babies born to undocumented workers,

9. If she can read she should look up Arizona’s House Bill 2779 from two years ago (which was un-constitution and failed when legally challenged),
10. The boycotted Martin Luther King Day, what idiots don’t want another holiday? Yes, you guessed it Arizona.

Well Arizona, you can keep boycotting new holidays, passing hate filled legislation and the rest of our country will continue to challenge you in court of law and Boycott your so-called state.

Lets face it, no one can real believe anything that comes out of Brewer’s mouth, in an interview, this year, in an attempt to gain sympathy, she first said her father had died in Germany fighting the Nazi in World War II (which ended 1945) but of course we find out the truth that father was never in Germany and died in California in 1955. But we are suppose to believe everything else she says, right!

As they say in the World Cup: Gooooooooal!


blinkin


I don't recall talking about a judge, but thank you for showing you can't read or comprehend what you read.


Rodney, you might more concerned when gangs from Mexico come to your neighborhood. Or, are you bullet proof?


@Lisa Connor:

I wasn't commenting on your ignorant post to Rob, I was commenting on "Lisa" (@3:31). The world does not actually revolve around you,

p.s.: your "point" that illegal aliens are bad because they lack auto insurance is doubly wrong. Many people born in the good ole USA drive without insurance too, Moreover -- and I know this will zip right past you -- it is the immigrant-hating policies themselves that force the "illegal aliens" to drive around without insurance.

You're just another hater, Lisa Connor, relying on pretexts and red herrings to disguise your core fear and hatred of people who don't look much like a "Connor"


Rodney, you might more concerned when gangs from Mexico come to your neighborhood. Or, are you bullet proof?
--------

Again, thank you for your concern. It is true that I'm concerned but at the same time, I do not live my life in fear. Why do I need to be bullet proof? In this country, we dial 911 and let the experts deal with criminals. I pay property taxes so that my local police can service the city I live in. That's how most cities work in America. . .

On another note, DHS removed 97,100 known criminal aliens from the United States in 2008 (no statistics readily available yet for 2009 and 2010 for public viewing). They have removed a lot more illegal aliens who are criminals than ever before! Meaning, I rather that DHS and ICE focus on violent criminals than just frightened illegal aliens.


Diversity advocates have perverted the civil rights revolution, diverting it from equal opportunity to equal outcome. They automatically assume any segment of society which appears too White must be racist and broken down. They've unleashed a cornucopia of expensive, divisive, time-consuming, and coercive measures to impose their will upon society. They forgot that the purpose of the Civil Rights Act of 1964 was merely to end forced segregation in essential parts of the public sector dealing with housing, employment, and public access to public facilities, and not to impose forced integration upon every nook and cranny of society. Their strategy of permanent revolution has divided and polarized society, pitting Americans against one another


Rodney, just because they were deported doesn't mean that they don't turn right around and come back. Many do. What's to stop them? Because it would be illegal? That's funny.


Note what the mother of this 13 year old girl that was killed just for standing in the wrong place says:


http://www.associatedcontent.com/article/295747/another_innocent_chicago_child_loses.html?cat=11


Yeah, they called 911 after she was murdered. Also, note how many times the two suspects had been arrested. Lot of good it did to call 911.


Thank you for providing coverage of the story vs. bias. It is sad the states are left to make their own laws to make up for the short comings of the federal government... and then are not supported. This story is also covered at http://weirdlawsuits.com/weird-lawsuits/arizona-vs-the-u-s-government-round-1/


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