Judicial Watch: The State of Arizona vs. The Obama Machine
Judicial Watch Wins Motion in SB 1070 Lawsuit!
This week, let’s start with a big Judicial Watch victory.
On Wednesday, April 5, our client, the Arizona State Legislature, was granted permission to intervene as a defendant in the Obama Department of Justice (DOJ) lawsuit against SB 1070, Arizona’s get-tough illegal immigration law. Judge Susan Bolton granted Judicial Watch’s motion over the objections of the Obama DOJ. Here’s a quick squib from the order, which was short and sweet:
On February 7, 2011, Arizona Governor Janice K. Brewer signed into law Senate Bill 1117 (“S.B. 1117”), which provides that “the Speaker of the House of Representatives and the President of the Senate may direct counsel to initiate a legal proceeding or appear on behalf of their respective chambers or on behalf of the Legislature in any challenge in a state or federal court” to S.B. 1070. The Legislature now seeks permission of the Court to intervene as a Defendant in this action…permitting the Legislature to intervene at this time will not unduly delay or prejudice the original parties…the Court in its discretion finds that the Legislature should be permitted to intervene as Defendant at this time.
Now, the Legislature joins the State of Arizona, Governor Brewer and the author of the law, Arizona State Senate President and Judicial Watch client Russell Pearce, for the purpose of defending its enactment of SB 1070 in the interests of the people of Arizona.You may recall that Judicial Watch filed its “Motion to Intervene,” on February 11, 2011, with the U.S. District Court for the District of Arizona stating: “The Legislature…has a paramount interest in seeing that [SB 1070’s] enactment is upheld.” At the same time, we also filed an “Answer in Intervention” with the court on behalf of the Arizona State Legislature. And here are our main arguments:
- “[The Arizona Legislature] has a right to protect its citizens.”
- “Arizona has a right to self defense under the Constitution, particularly when the federal government fails to protect it.”
- “[The Arizona Legislature] complied with all relevant federal, state, and local laws, including the Arizona Constitution and the [U.S.] Constitution” in crafting SB 1070.
- “SB 1070 is not preempted by federal law or the Constitution. SB 1070 does not conflict with federal law, does not constitute an improper regulation of immigration, and Congress has not fully occupied the field.”
Fortunately, thanks to Judge Bolton’s ruling, the Arizona Legislature will have the opportunity to make this case in court.
So where does the Obama DOJ’s lawsuit against the State of Arizona now stand?
Frankly, the future of SB 1070, and other similar measures intended to confront the threat of rampant illegal immigration, are in limbo thanks to the Obama administration and its persistent attempts to thwart federal immigration laws.
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