I dont think there is any legal basis for that type of suit, but what about this?Imagine that, a Democratic voting liberal judge voted not in favor of this law!! was or is anybody here even surprised by this decision????????????? WE ALL SAW IT COMING!! what Arizona really needs to do is COUNTERSUE!! Thats right, Sue the Federal Gvnmnt for "DERELICTION OF DUTY" and for financial damages they've incurred due to said GVNMNT for not doing there RIGHTFULLY APPOINTED JOB!!!!!!!!!! just a thought.......
Any lawyers feel free to chime in as I am not a lawyer, but a suit has to have "standing" in a court. Dereliction of duty is not something I believe that you can sue for...that charge is usually military in nature and directed at an individual, not a government as a whole. The Feds are once again flexing muscle as they have done since 1865, showing us that they can do what they want with impunity and there is nothing a state can do.but how is there no basis for my described suit??
+1Judicial review is one of the biggest problems in this country. One judge dictating what the policy of an entire state should be ... sounds very much like the thing we sought to avoid in the creation of this country.
But then,"Even though Arizona's interests may be consistent with those of the federal government, it is not in the public interest for Arizona to enforce preempted laws."
So the judge is blowing smoke out her ass and should be called on her bulls**t ruling.In Gonzales v. City of Peoria, 722 F2d 468, the 9th Circuit Court of Appeals held that local law enforcement officers are permitted to enforce criminal provisions of the Immigration and Naturalization Act.
In the Supreme Court decision, US v. Montoya de Hernandez, 473 U.S. 531, 538 (1985) the Supreme Court of the United States ruled that "travelers may be stopped [and searched] at ... the border without individual suspicion even if the stop [or search] is based largely on ethnicity." (citing US v. Martinez-Fuerte, 428 U.S. 543, 562-563 (1976).
Critics of Arizona's law state that state and local police have no authority to detain and ask people about their immigration status. They are wrong.
In Mueller v. Mena, 544 US 93 (2005), SCOTUS ruled unanimously that state and local law enforcement officers may indeed ask about the immigration status of detained person.
I just graduated high school in the last few years so I have no concept of grammar, math, history, or our government so please excuse my ignorance. How is it that the government can tell states what laws they can/can't enforce, as long as those laws are in compliance with the state and federal constitutions?
hey Acid, im pissed as much as you are, but even with all the court decisions out there saying local cops can already pull them over, the LIBTERDS dont give a flying F-CK about the LAW and this includes this KISS-A$$ DUMOCRAT AZ JUDGE who decided against it!!!!! the 70% supporting for the law people of AZ wont forget this decision when it comes time for this IDIOT BIASED judge to be re-elected!!!!!