Bolton denied the request but said she did so only because she'd already issued injunctions on the same provisions based on her finding that Arizona's law was superseded by federal immigration statutes.

The issue was moot for the moment. Bolton stated that she would not "engage in a full preliminary injunction analysis" of the Fourth Amendment claims. 

"[T]here appear to be substantial questions as to whether subsection 2(b) would withstand a challenge under the Fourth Amendment," Bolton wrote in an October 2010 order. "And some of the facts supplied . . . suggest that plaintiffs could demonstrate a likelihood of success on the merits of this claim."

During the same news conference where the ACLU's Romero spoke, the National Immigration Law Center's Marielena Hincapie, whose organization also is a plaintiff in Friendly House, made a promise that I hope she can keep.

"We will be moving in the next days to ask the court not to lift the injunction based on our other constitutional arguments," Hincapie averred, adding, "We believe Judge Bolton will continue blocking section 2(b) from going into effect."

And if Bolton doesn't do as Hincapie anticipates, the ACLU has amassed an $8.7 million war chest to battle 1070 in Arizona and the copycats it's spawned in other states.

And Brewer thinks this is a big win for her side?

Only in the sense that, temporarily, some cops in Sand Land may racially profile more than they already do, which is a lot if they're deputies from the Maricopa County Sheriff's Office.

Fear and racial profiling always have been what 1070 is about. By implementing a policy of "attrition through enforcement," the nativist element that currently rules the Arizona GOP sought a kind of ethnic cleansing for the state, believing it would purge this place of its Hispanic population, or at least enough of it to stave off that demographic's inevitable appropriation of political power.

Political expediency, bigotry, and the profit motive of the private prison industry propelled our political leaders to seek unprecedented immigration powers for the states.

On the whole, they were denied when the Supremes kicked to the curb three provisions of 1070 even more egregious than 2(b), provisions I dealt with in a post-decision blog item ("SB 1070 Ruling: States Do Not Have Carte Blanche," June 25).

For the 1070 clones in other states, like Alabama, Georgia, and elsewhere, the decision does not bode well.

Law professors Jack Chin and Marc Miller, of the University of California-Davis and the University of Arizona, respectively, wrote in a joint analysis of the ruling that it could sound the "death knell" for "local legislative immigration innovations."

If anything, Brewer and her fellow nativist slugs remind me of that classic scene from Monty Python and the Holy Grail where King Arthur bests the Black Knight, cutting off both of his arms.

When the knight continues to fight, Arthur cries, "Look, you stupid bastard, you've got no arms left."

To which the knight replies, "It's just a flesh wound."

And that's what Brewer and the other Mexican-haters think they've sustained, a flesh wound.

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30 comments
Kevin
Kevin

Just because an opinion is in the minority does not make it wrong. As Judge Scalia stated in his response, The nation is only sovereign because it is made up of sovereign states. The States created the federal government, not the other way around. Only when the governor's of the respective states tell DC to go to hell and the 17th amendment is repealed will the states get back the power that has been diluted and created the mess we are in.

Tomato
Tomato

Learn to read. You rednecks lost on every point but that one, and challenges will be mounted on the papers-please part. It will never last. The Supremes have invited the likes of the ACLU to challenge this. This is what this article and numerous others have said. Try to get a clue, if you have a couple of IQ points to rub together (doubt you do).

Tomato
Tomato

Boo-fucking-hoo! That you need to speak Spanish in this country nowadays is news to you. No wonder you're unemployed.

Tomato
Tomato

Spoken like a true teabagger...

blah blah blah
blah blah blah

The law remains and was voted constitutional. SB1070 is just a start. States are sick of this illegal bullsh*t they have to put up with and pay for on a daily basis. There will be more if this to come, so pull your panties up and deal with it like other countries that enforce their immigration laws do. It's going to be sink or swim now. California has sunk.

Pk
Pk

is this your address Stephen? LEMONS STEVE J/NANNETTE 3100 S GREYTHORNE WY CHANDLER AZ 85248 USA

Pk
Pk

way to stay classy newtimes, must be fun to own a news outlet and put the local city name on your title but not have an actual location in town.

Pk
Pk

its better to be a teabagger than being teabagged.

Anon
Anon

Stephen Lemons, You are hitting nothing but homeruns! Wow! Outstanding article. Great public service. Courageous reporting.

sarum
sarum

Friendly House should have NO STANDING. They are a racist xenophobic entity that only helps illegals who speak Spanish. Anyone else can die as far as they are concerned. United Way is also guilty here because they permit "Friendly House" to solicit funds through them annually without stating that "Friendly House" is only "friendly" to Spanish speakers. This is a violation of law and serious misrepresentation by both United Way and "Friendly House."

Anon
Anon

Mr. Lemons, No one can out run you on the truth in Arizona! The artwork captured the essence of Arizona. Outstanding. The image is etched in my mind.

Concerned Citizen / Taxpayer
Concerned Citizen / Taxpayer

Stephen Lemons, You are on a roll. All your years of work is coming to a head! We thank you for your courage and great public service.

GreenHornet
GreenHornet

Okay, doofus, let me explain this again 4 ur ignorant arse. You call yourselves the Tea Party, trying to associate yourselves with a historical bunch of American patriots. But you're not patriots, you're a bunch of old toothless idiots who are racist as hell and hate Obama cuz he's black. To belittle you, we call you "teabaggers" because this is a tea bag and u are just as lame: http://en.wikipedia.org/wiki/Tea_bag But because you're a dried up old fart who never got any when he was young and whose wiener is now dead as a doorknob, all u think about is perverted sexual practices. So, this is the kind of teabagger ur sewer mind thinks of: http://www.urbandictionary.com/define.php?term=teabagging Here's an example of its use in a way ur familiar: "At the frat house last night, when Howebouthat was wasted an down on the floor, he got teabagged by, like, ten guys!" Sound familiar? Yes your mouth is watering right now. U can't help it. Because if Obama wanted to teabag u, you'd let him. That's the truth, u want to be tebagged by Obama, a black man. Which is another reason why u hate him. Get it?

Howebouthat
Howebouthat

thats the whole intention of this law, im glad someone realizes that wanting people to put in their fair share and be on the books like everyone else isnt racist

Howebouthat
Howebouthat

why is it that publications such as this can freely call the tea party movement a term such as teabaggers but if the radical left is called pussies then its all out war? doesnt it seem a little backwards that one side can use a sexually derogative term while the other side is reprimanded for it? isnt a discussion or commentary such as this intended to be intellectual and NOT slanderous?

Masked Magician
Masked Magician

Is that photo of GED Jan befoe or after her daily bottle of Johnnie Walker Blue Label? Pearce, Jan, the MCSO shurf, Tom "Banned for Life by the SEC" Horne, etc. knew that BS1070 would fail, miserably. Obama has his re-election sealed. With his victory on BS1070 and ObamaCare, and his recent steps towards immigration reform, Obama will win hands-down.

GreenHornet
GreenHornet

Ahahahahahahahahahaaaaaaa! Obama wins 2 big ones this week. Republi-tards are LOSERS.

Tom
Tom

This is not a news item. It is just more propaganda from the comsoclibprogs.

GreenHornet
GreenHornet

The "Tea Party" is made up of "TeaBaggers" like you. You've seen a Lipton's tea bag, haven't you? People in your "party" wear them on their hats. Get your sick Republican mind out of the gutter

Carter7476
Carter7476

Yes, I know, it was sarcasm, directed at Brewer.

Mrh02022010
Mrh02022010

your wrong the supreme court made a human decision based on humanity nothing more nothing less..

Roger Guiles
Roger Guiles

"Teabaggers"? What does a perverted sex act (used vastly by those liberal left wing nuts) have to do with this travesty of our nations sovereignty?

Carter7476
Carter7476

"There are Head Less Bodies on the Supreme Court, to, also".

Tommy Collins
Tommy Collins

PV, in law enforcement reality this ruling was no victory for anyone. Professional law enforcement agencies have been involved with immigration enforcement for the last 50 years or so, using federal law that allows them to call ICE or Border Patrol when they have someone detained or in custody and the believe them to be in violation of immigration laws. This ruling simply states that a police officer is 'required' to notify ICE and/or BP when they reasonably suspect that someone may be in violation of immigration laws, while legally detained or in custody. I can guarantee you that the majority of 'suspected' immigration violations likely will NOT be called in. The reality is that immigration enforcement is not the highest priority for most police agencies and most police agencies fully realize that ICE and BP have their job to do, while the local cops take care of local criminal problems and order maintenance issues. If you want a good understanding of this reality please read the book just released under the title: "If there were any victims" by Bill Louis. It is very well presented and tells a lot about law enforcement processes that many folks don't understand.

Kevin
Kevin

What is your purpose of posting his address? Do you have a power trip to ride on? What a tool!

Tomato
Tomato

It's called the First Amendment, stupid. Freedom of the press. If you don't like being called a Teabagger, Teabagger, then get Russell Pearce's balls out of your mouth.

Willard W. Olson
Willard W. Olson

Hmmm--that explains a lot about Jan's behavior. A daily bottle of Johnnie Walker blue label on top of genetic mediocrity provides an adequate explanation plus a little fundamentalist religious spice fills out the picture. A least she has good taste in Scotch.

Howebouthat
Howebouthat

nice one, slander anyone who disagrees with you. but when you're slandered its a travesty. grow a fuckin set because when the country gets as pissed at obama as they were with bush its all comin your direction

 
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