“The Fight is Far From Over”

Tait Trussell is a national award-winning writer, former vice-president of the American Enterprise Institute and former Washington correspondent for The Wall Street Journal.


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Judge Bolton, in her ruling, said that some parts of the law can go into effect as scheduled on Thursday. But she decided against parts of the law that have caused the most controversy: police checking a person’s immigration status while enforcing another law and requiring immigrants to carry identification papers at all times. She said: “Preserving the status quo through a preliminary injunction is less harmful than allowing state laws that are likely pre-empted by federal law to be enforced.” She also said in her decision: “There is substantial likelihood that officers will wrongfully arrest legal resident aliens that only the federal government has the authority to impose.”

Gov. Brewer, in a statement responding to the ruling, said “I am disappointed by Judge Susan Bolton’s ruling. This fight is far from over. In fact, it is just beginning…Arizona will prevail in its right to protect our citizens,” the New York Times Reported.

“I have consulted with my legal counsel about our next steeps. We will take a close look at every single element Judge Bolton removed from the law, and we will soon file an expedited  appeal to the United Stated Court of Appeals for the 9th Circuit.”

Russell Peace, chief sponsor of the law, said he was confident that the parts of the law blocked by Judge Bolton “will survive on appeal.” Legal experts, said the Times, predict the case is bound for the Supreme Court.

The Arizona law came in the trail of economic suffering and a number of high-profile crimes blamed on illegal immigrants and smuggling. The ignorance and misguided prejudices that have flared, particularly from liberals across the county, have demonstrated the ideological split that divides the nation. The “mainstream media” unfortunately has stoked the fires of prejudice and false knowledge about the wording of the law.

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  • flaedo

    Doesnt make a lot of sense to me, if theres no federal cop around to arrest someone who is breaking a federal law why cant a state cop make the arrest? Sounds kind of stupid. These federal laws exist, its one country and surely its in the interest of the country to have its laws enforced.

    • http://intensedebate.com/people/Rifleman Rifleman

      You're right, but it's not in the interest of the democrat party for enforcement of the law to reduce the population of border crashers, so not only will they not enforce it, they will try to prevent anyone else from doing so as well.

  • Jim Johnson

    It is pointless to argue the Bolton's opinions as they were not sincerely intemded to be legal arguments.
    Her opinions were designed to propagate the program of allowing as many illegals into the country in order to keep the leftist Democratic party in power maybe for ever.

    They are better described as obstructions.

    The next attack the Obama administration will make is based on the profiling issue.
    The decision will be to nulify the law on the slightest suspicion of profiling.
    But any argument by the court to abolish the Arizona law because profiling is found will be on bogus grounds.
    When the charge of racial profiling came up years ago in reference to traffic stops any finding of actual profiling did not provide a pretext to abolish traffic laws.

    However Bogus or not the judges will still find the law unconstitutional . Logic is not the issue. Political rule is the issue.

    • old white guy

      bolton should be impeached and the people of the u.s. better start thinking of the second amendement as it was intended.

      • Guest

        Not impeached; dragged from her bench, brought out into the public square, tarred and feathered, and ridden out of town on a rail.

        • Seek

          There was a time when judges were considered in this nation to be the wisest of people. What happened? From Learned Hand to Susan Bolton — that's a downward spiral.

  • Kanwi

    The decision so far may seem a win for Obama but in effect it is a win for Arizona masked as a trojan horse for Obama. The more Obama resists the case the more clear his intention not to enforce the Federal laws obligating him to first protect the legal citizens of America and Arizona from foreign invasion. Let Obama put up his obstacles, the more the better because like in a game of Chess he is losing relative power of his position and the 'checkmate' will happen in a higer court. Then the polls can cast their judgement with clear vision in November.2010

  • http://intensedebate.com/people/weRscrewed weRscrewed

    Lets hope that Check Mate is the Impeachment of this Muslim usurper. For the life of me I cannot understand why he has not been Impeached yet.
    Perhaps there has been another Third Party intrusion by OBAMA as in the Sestack fiasco.

    • http://intensedebate.com/people/ebonystone ebonystone

      He hasn't been impeached because that requires a majority vote in the House of Representatives and the Democrats are in the majority. And even if the Republicans win in a massive landslide this November, and do impeach him, he won't be convicted because that requires a 2/3 majority in the Senate, and that large a majority is impossible for the Republicans to gain in this election. At present there are 41 Republican Senators, and each party has 18 seats up for election this fall. So even if the Republicans hold all of their seats, and gain all the Democratic ones — which is very unlikely — they would still have only 59 votes. To convict, they'd need at least 8 Dems to vote with them. That ain't gonna happen, unless BHO does something catastrophically stupid. One might say that BHO has been a catastrophe so far; but only for the country, not for the Dems. AND, if BHO were convicted, we'd be left with Biden as Pres. Not a big improvement, although with the example of his predecessor in mind, he might become reasonable.

  • http://intensedebate.com/people/Moderate47 Moderate47

    Governor Brewer's brass balls hang below her knees.

  • davarino

    I am waiting for the castigation of Jan Brewer on SNL and every other media outlet. When the liberals cant win they mock and intimidate their enemies. We conservatives need to take to the streets in vast numbers because the media will never cover our side without huge outcry.

    Somebody name the day. I'll take off work and be there. Hell, I'll take off a week if thats what it takes. Some body name a national day for conservatives to come out and protest. We are being taken over and it is worth the small sacrifice to miss a few days of work to get this movement rolling.

    • http://intensedebate.com/people/MontanaRob MontanaRob

      There are several days planned. Glenn Beck is promoting a peaceful, family oriented day for restoring honor in DC on 8/28. The tea party is planning another gathering in the Capital on 9/12.
      I'm sure there are more in your area, or you can organize your own. Check with FreedomWorks for info.

  • patrizia

    Did anyone catch Chris Mathews last night regarding arizona's attempt to stem illegal immigration? His repeated response was that enforcement of law would separate families. As if that trumps illegal entry. Can you just picture the rulers in middle east countries slapping their sides hysterically!! You would think Mathews would be outraged that 10-20 million illegals, whatever the number is, have entered this country. Will this blatant disregard for law and order be the spark that ignites a show-down between truth and deceit? Don't back down patriots. I want my America taken back from those twisted freaks whose aim is to conquer through stealth!!

  • Stephen D.

    Ill keep saying it. I just psoted this in the last segment.

    This is what the Federal Law says and now the Judge has struck it from Arizona's proposed law. How does this make sense? It is ALREADY a federal law that immigrants MUST HAVE THEIR PAPERS!

    "Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to 8 USC § 1304. Any alien who fails to comply with the provisions of this section shall be guilty of a misdemeanor and shall upon conviction for each offense be fined not to exceed $100 or be imprisoned not more than 30 days, or both."

    • glpage

      Could the federal law be used as a basis for appeal?

  • jacob

    It pays to inform this federal judge that in Mexico and all latin american countries
    EVERYBODY must carry what is known as CEDULA DE IDENTIDAD (identity Card)
    which in this country, in a classic manoeuver of scratching your left ear with your right hand, is made on a drivers license without driving privileges…
    But anybody not carrying it or foreigners without their passports in their pockets asked for ID by tne police, ends up in the can until he produces ID…

    Therefore, why do we have to be HERE more Popists than the Pope ???

    I guess this is gross interference of the federal govmt, as the Arizona law is the will of most of the people of the State…

    But then again, this is the kind of govmt. the people wanted, right ???

    Noiw we have to put up with it the best we can and hope and pray the same damned fools don't make the same mistake in November, as it is time to send the Congress rascals packing…

    • glpage

      Liberal/progressive judges respect only foreign laws that they can use to help dismantle federal laws they don't like.

  • Guest

    Isn't there a legal presumption in Consitutional law that a duly passed law is deemed to be constitutional? What's with the decision to enjoin portions of the Arizona law until an appellate court passes on it? Why couldn't it have been enforced as drafted until it went up on appeal?

  • http://netzero.com Steve Chavez

    Two short stories. I was in court to fight a speeding ticket when an illegal who had no drivers license, no insurance, or registration was told by the Judge "Did you bring your toothbrush." She spoke perfect English until she didn't understand that, and neither did I, and she demanded an interpreter. A hour later, that case came up again with the interpreter and the Judge asked the question again. The Judge said, "I'm throwing you in jail. Did you bring your toothbrush?" To keep the story short, the illegal got a $60 fine and no jail so it's cheaper to not have any insurance or documentation.

    My mother and brother were on their way back from their annual time-share trip to Mazatlan. They were stopped at a checkpoint and were told to wait inside the building while the guards checked the car. The car behind them was honking and trying to get my brother's attention. They left and my brother just happened to check the door panel and their new camera was missing. He then remembered that car was trying to tell about the guards stealing it. They went back and confronted the guards and no one came up with the camera. The Army happened to show up. My brother explained the story and the Army searched all the men, lockers, around the building, and even on the roof. They couldn't find it so the Army man told the guards to line up as he asked my mother how much the camera was worth, around $325, so he had the guards empty their wallets till they came up with the money which they did. They left and I'm sure the guards knew who stole it since there were only two checking the car, and they were made to pay the money back to their friends.

    I could write a book on all the times I had to bribe guards and show my papers. TRY BEING ILLEGAL IN MEXICO!

  • mike

    My thinking is that she made a ruling., now lets see her Enforce it. Ignore her the way the left seems to enjoy ignoring the law. Do what is in your best interests Arizona, screw obama.

    • trickyblain

      Not up to courts to enforce the law.

      • mike

        Exactly!

  • Guest

    It's easy for me to say, and not so easy (maybe) for Arizona to do, but yes, just ignore the ruling and enforce the Arizona law as drafted. Let's see what the U.S. government, INS, the Justice Department, ICE, and all the other federal enforcement agencies can do about it.

  • http://intensedebate.com/people/Wesley69 Wesley69

    Article IV Section 4 of the CONSTITUTION reads" The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.

  • http://intensedebate.com/people/Wesley69 Wesley69

    This illegal immigration is an invasion. Some of the illegals claim that this territory, in reality is theirs, saying it was stolen from them in the Mexican War. Do we need such illegals here? Phoenix has become the kidnapping capital of the US as the war waged against the drug cartels on the border spreads. Why is the President not enforcing the law and protecting Arizona and other states against domestic violence? Obama has chosen to violate his oath of office for political capital. By playing the race card, he hopes to win potential voters for the Democrats. You know what Immigration Reform is to Obama – total amnesty. Arizona passed a law that mirrors the federal law, to protect its citizens. Obama's administration sues the state of Arizona, in effect saying, that is our job, not yours, but we don't care to do it. I hope other states will follow Arizona's lead. This case needs to go all the way to the Supreme Court! For the preservation of our Republic, its liberties and a check on Obama's radical transformation of the US, we must all be Arizonians.

    • Guest

      Well now, the claim of Mexico to the U.S. Southwest is interesting. The American Southwest was a desert, pretty much unoccupied except by Indians, not by whatever one wants to call the tribes that occupied what is now Mexico. Spain colonized the land, called it Mexico, and sent Spanish colonists up into the Southwest. When the U.S. went to war against Mexico, they welcomed the Mexicans who were already in those former colonies as U.S. citizens if they wanted to stay, and the former Mexican colonists became U.S. citizens.

      So did we "steal" the U.S. Southwest from the Mexicans? We took it in war, just as the Spanish colonists took the lands that became Mexico from the Indian tribes. I don't think most historians call that "stealing." But I suppose if one wanted to call conquest by war stealing, an argument could be made for that. But one would also have to acknowledge that land conquered in war becomes the legitimate property of the conqueror.

      That's why the Mexicans claiming that they are going to re-take the Southwestern U.S. for Mexico should be taken seriously.

      • Guest

        By the way, Mexico became independent from Spain in 1821, and the U.S. Southwest was still part of Mexico until the Treaty of Guadalupe-Hidalgo (unless the Texas War of Independence of 1824 is counted as Texas breaking free from Mexico – remember "Come And Get It?") ceded it to the United States in about 1846 or thereabouts, then Mexico was once again under French colonial rule until about 1860. Turns of events that cloud a claim by independent Mexico as it exists today to the U.S. Southwest.

      • http://intensedebate.com/people/Chezwick_Mac Chezwick_Mac

        You're damn right we should take Mexican claims to the American Southwest seriously! School texts in Mexico reinforce the claim and teach Mexican children it was stolen land.

        America faces three primary threats to its national security:

        1) Islamic terrorism and creeping Sharia

        2) Chinese expansionism

        3) Mexican irredentism

        All are significant, but only # 3 threatens the territorial integrity of our country.

        If you remember history, the Southwest was indeed sparsly settled as 'Guest' above suggests. The Mexican government initially invited Anglo settlers to tame the area known today as Texas. When the numbers of white settlers became alarmingly high, the Mexicans reversed themselves, but it was too late; an irreversible historical process was in full swing.

        History is now repeating itself, only the roles are reversed. The day Mexico evolves into a stable society with something to offer, the sentiment among Mexicans residing in America to (re)unify with their homeland will be pervasive and widespread. The illegal immigrants (and their children) of today will be the shock troops of the "reconquista" tomorrow.

  • old white guy

    to hell with the court and the feds. stop the illegals any way you can and let the sh-t fall where it may.

  • Guest

    One of the main arguments in the case Judge Bolton decided was that the Arizona law interferes with international relations. Isn't an argument like that kind of putting the cart before the horse?

    Let the states enforce immigration when the federal government won't do it, and our foreign policy will emerge from the states of the nation, won't it? I mean, where does the President and Congress get our foreign policy-making power? From the Constitution, right? Well, the Constitution empowers our leaders to act in the name of We, The People.

    So get to it, Barack…

  • USMCSniper

    Yep… they lawyers will drag it out over tears so all the lawyers will all make millions. The case is incidental.

  • Margy Pezdirtz

    I'm with Arizona on this – it is time to throw the illegals out, by any means necessary. I have to carry my driver's license when I'm driving; my Sam's card when I'm shopping there; my medical cards when I'm seeing a doctor. It is called IDENTIFICATION – and in this time and age, it is supposed to help prove that we are who we say we are. What's with the illegals that they think they can come here illegally, push themselves into our system and then expect to be treated kindly! Give me a break. And as for separating families, they knew what they were doing when they came here breaking the law and having kids. Take your kids and go home. Stand in line and wait your turn. That would be a better story to tell the kids and grandkids rather than we lied, cheated, pushed and shoved our way into the country. If you love this country illegals then treat it with respect and go back to where you came home. You are causing so much anger in this country and we are tired of it – totally tired of it. Go home. Yeah Arizona – we stand with you.

  • http://intensedebate.com/people/crypticguise crypticguise

    Bolton's opinions are NOT legal arguments; they are totally political in nature. Arizona is going to win ultimately in the Supreme Court if necessary.

    Arizona's fight is the beginning of a New American Revolution. The professional politicians in Washington who do not respect our Constitution and enforce the law must be removed, one way or another.