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Old 07-28-2010, 12:00 PM
 
Location: AZ
1,465 posts, read 4,590,138 times
Reputation: 794

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I just don't understand how or why a federal court has the right to block a STATE law. It doesn't make any sense to me. Can someone who is more versed in law explain this to me?

 
Old 07-28-2010, 12:06 PM
 
Location: Sonoran Desert
39,177 posts, read 51,485,323 times
Reputation: 28444
Quote:
Originally Posted by YAZ View Post
This is the beginning of the end.

I just don't understand what the law contained that was so unconstitutional.
The judge didn't decide it was unconstitutional, just that one or more of the plaintiffs would suffer harm if those provisions were enacted and that there was a high probability that the plaintiffs would prevail. Really what go tossed was the REQUIREMENT that cops check status. The law also said that cops must fully enforce federal laws on immigration and that part remained. In fact, agencies can still be sued if they don't enforce federal laws. Not sure what all that means, but it seems to be at least a ray of hope that AZ can address problems that the fed will not.
 
Old 07-28-2010, 12:09 PM
 
Location: Acworth
1,352 posts, read 4,386,748 times
Reputation: 479
hehe time to reign in this mental "sheriff" joe what was his name and clean the state out of political warlords.

then you might want to tackle hispanics (which ironically are the native people in the state)

Feds won. as expected. that's why we had a war some time ago, over exactly this issue. but back then you were cheering for the union. well guys, here is your union right now. Mod Cut: Rude and not necessary.

Last edited by Grannysroost; 07-28-2010 at 02:31 PM..
 
Old 07-28-2010, 12:09 PM
 
2,942 posts, read 6,536,870 times
Reputation: 1214
Judge blocks parts of Arizona immigration law - Yahoo! News (http://news.yahoo.com/s/ap/us_arizona_immigration - broken link)

Quote:
I just don't understand how or why a federal court has the right to block a STATE law. It doesn't make any sense to me. Can someone who is more versed in law explain this to me?
That's why I said this is, partially, Federalism vs. States' Rights. This, however, will go higher, probably all the way to the Supreme Court.
 
Old 07-28-2010, 12:10 PM
 
Location: Acworth
1,352 posts, read 4,386,748 times
Reputation: 479
Quote:
Originally Posted by Ponderosa View Post
The judge didn't decide it was unconstitutional, just that one or more of the plaintiffs would suffer harm if those provisions were enacted and that there was a high probability that the plaintiffs would prevail. Really what go tossed was the REQUIREMENT that cops check status. The law also said that cops must fully enforce federal laws on immigration and that part remained. In fact, agencies can still be sued if they don't enforce federal laws. Not sure what all that means, but it seems to be at least a ray of hope that AZ can address problems that the fed will not.
he can't declare it unconstitutional. he isn't the supreme court. its not his job to make that interpretation and ruling
 
Old 07-28-2010, 12:12 PM
 
2,942 posts, read 6,536,870 times
Reputation: 1214
Quote:
hehe time to reign in this mental "sheriff" joe what was his name and clean the state out of political warlords.
This had nothing to do with Sheriff Joe.

Quote:
then you might want to tackle hispanics (which ironically are the native people in the state)
This had nothing to do with hispanics. It was about illegal immigration vs. legal immigration. Many hispanics support the law.

Quote:
Feds won. as expected.
Nobody has won or lost yet. Part of the law was temporarily blocked. It will go higher.
 
Old 07-28-2010, 12:12 PM
 
Location: Acworth
1,352 posts, read 4,386,748 times
Reputation: 479
Quote:
Originally Posted by acrylic View Post
I just don't understand how or why a federal court has the right to block a STATE law. It doesn't make any sense to me. Can someone who is more versed in law explain this to me?
seriously?!

for the same reason AZ cannot declare war on costa rica (as much as you want to). you arent a country.

1st grade pol science: federal > state > county <> city (its a toss between city and county in practice)
 
Old 07-28-2010, 12:15 PM
 
Location: Acworth
1,352 posts, read 4,386,748 times
Reputation: 479
Quote:
Originally Posted by Ritchie_az View Post
This had nothing to do with Sheriff Joe.



This had nothing to do with hispanics. It was about illegal immigration vs. legal immigration. Many hispanics support the law.



Nobody has won or lost yet. Part of the law was temporarily blocked. It will go higher.
And if it goes higher the chance of the whole thing being destroyed grows exponentially.

Further the chance of similar laws ever being made goes down to 0 if there is a negatory SC ruling on this.

See, it's done. Some people just haven't figured it yet
 
Old 07-28-2010, 12:27 PM
YAZ
 
Location: Phoenix,AZ
7,705 posts, read 14,144,365 times
Reputation: 7045
Quote:
Originally Posted by Ponderosa View Post
The judge didn't decide it was unconstitutional, just that one or more of the plaintiffs would suffer harm if those provisions were enacted and that there was a high probability that the plaintiffs would prevail. Really what go tossed was the REQUIREMENT that cops check status. The law also said that cops must fully enforce federal laws on immigration and that part remained. In fact, agencies can still be sued if they don't enforce federal laws. Not sure what all that means, but it seems to be at least a ray of hope that AZ can address problems that the fed will not.



slappin' myself.

I get it now.

This is a preliminary injunction invoked by the Fed. judge hearing the case.

So, SB1070 could go all the way to the Supreme Court.
 
Old 07-28-2010, 12:36 PM
 
Location: Not where I want to be
24,509 posts, read 24,280,042 times
Reputation: 24282
"The judge also put on hold parts of the law that required immigrants to carry their papers at all times, and made it illegal for undocumented workers to solicit employment in public places."

Wow! I thought Ms. Bolton had more balls than that! Apparently she wants her job more than doing the "right" thing. I'm actually stunned over what she did.

I'm very sorry to see this happen, my Az friends. Gov. Brewer gave it a good shot but Obama Bin Laden is going to have his way no matter what I can see. Amnesty will be given and we all get poorer and poorer while they suck the life out of this country with no end in sight to them crossing over the border. *sigh*
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