July 28, 2010

So about the AZ SB 1070 ruling

I can't really say I'm surprised.  This is pretty much what I was expecting when Judge Bolton didn't rule on Friday or Monday morning. 

So here's the question for all the lawyerly types; have you read the ruling and what do you think of the reasoning?  I have to admit I only read the first 18 pages, but here is what I gleaned from it;  the injunction stems from the fact that congress didn't make it a crime to be in the US illegally.  I'm not quite sure how she came to that conclusion but that's her basis.  All the rest of it - The burden on federal authorities, the possibility of detaining lawful aliens, all that is just window dressing.  What I really don't understand is how she can injoin (?) the part of the law requiring aliens to carry their paperwork when federal law already requires the same thing.  She asserts that the AZ penalties somehow adversely impact the uniform alien registration requirement that Congress enacted.  I just don't see how one necessarily follows the other.

Hopefully at some point Law and Order LA will do an episode based on this so I can broaden my legal education.

Posted by: chad98036 at 09:50 PM | Comments (5) | Add Comment
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