Parts of AZ SB 1070 Enjoined


A federal judge has granted an injunction blocking enforcement of parts of a controversial immigration law in Arizona that is scheduled to go into effect Thursday.


The parts of the law that the judge blocked included the sections that called for officers to check a personís immigration status while enforcing other laws and that required immigrants to carry their papers at all times. Judge Bolton put those sections on hold until the issues are resolved by the courts.

When I get the decision (PDF (site is swamped), I'll write a separate analysis. As regular readers know, I thought the preemption argument was a slam dunk. I wonder if the judge agreed.

< Wednesday Morning Open Thread | Team Blago Seeks Mistrial Over Closing Argument Restrictions >
  • The Online Magazine with Liberal coverage of crime-related political and injustice news

  • Contribute To TalkLeft

  • Display: Sort:
    Preemption analysis (5.00 / 1) (#4)
    by MKS on Wed Jul 28, 2010 at 01:14:28 PM EST
    was the basis of the Judge's decision--both as to those provisions struck down and those upheld.  

    There was brief discussion and rejection of the dormant Commerce Clause.

    It appears that most of the statute is being struck down on the basis of preemption.

    CNN reported (none / 0) (#1)
    by Makarov on Wed Jul 28, 2010 at 12:42:16 PM EST
    that the judge specifically cited the supremacy clause

    No one has posted the decision (none / 0) (#2)
    by Big Tent Democrat on Wed Jul 28, 2010 at 12:43:19 PM EST
    and the court web site is swamped.

    Here's a link (5.00 / 0) (#3)
    by rdandrea on Wed Jul 28, 2010 at 12:51:03 PM EST
    I'm no lawyer (none / 0) (#5)
    by Militarytracy on Wed Jul 28, 2010 at 01:37:42 PM EST
    Do know that federal laws trump state laws and this seems very solidly ruled on.  Is the fight over now?