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  • The Heckler’s Veto of Arizona’s Immigration Law

    It should come as no surprise to anyone that a panel of judges of the Ninth Circuit Court of Appeals issued an order today refusing to lift the stay issued by a federal district court against Arizona’s immigration law. After all, the Ninth Circuit is the most often overturned appeals court in the nation, full of judges who routinely issue results-driven opinions that flout the law and precedents issued by the Supreme Court.

    We all knew the litigation over Arizona’s law, which requires police officers to check on the immigration status of individuals they have arrested or detained for some other violation if the officers have a reasonable suspicion the individuals are in the country illegally, would end up in the Supreme Court.  That Court overturns almost 90% of the Ninth Circuit’s opinions and one can almost always expect the Ninth Circuit to get the law wrong.

    However, the dissent written by Judge Carlos Bea of the three-judge panel is well worth reading.  He points out the numerous fallacies and mistakes made by the two judges in the majority. As Bea emphasizes, “Congress has provided important roles for state and local officials to play in the enforcement of federal immigration law.”  This includes a mandate contained in 8 U.S.C. §1373(c) that the federal government respond to all inquiries from federal, state or local officials about the immigration status “of any individual.”  Further, no agreement with the federal government is necessary for states “to cooperate with the Attorney General in the identification, apprehension, detention, or removal of aliens not lawfully present in the United States.”  8 U.S.C. §1357(g)(10)(B).  The idea that Arizona’s law is preempted simply makes no sense according to Judge Bea when these and other provisions of federal immigration law clearly show that Congress intended “that state officials should assist federal officials” in the enforcement of those laws.

    Judge Bea also undermines the concurrence written by Judge John T. Noonan.  Noonan’s opinion is that the Arizona statute is incompatible with “federal foreign policy.”  But as Bea points out, the majority fails to identify a foreign relation policy  established by Congress with which the Arizona law conflicts.  In a seeming reference to the unprecedented filing of a brief in the case by Mexico, Bea says that “A foreign nation may not cause a state law to be preempted simply by complaining about the law’s effect on foreign relations generally.  We do not grant other nation’s foreign ministries a ‘heckler’s veto.’”

    The creative nature of the majority’s opinion is also emphasized by Bea when he points out that the majority’s analysis of the Arizona provision that allows the arrest of individuals who are removable for violation of federal immigration law “will come as a surprise to all parties involved in this case.”  That analysis apparently “ignores the contentions in the filings before the district court, the district court’s rationale, the briefs filed in this court, and what was said by the well prepared counsel, questioned at our oral arguments.”  In fact, those arguments were carefully avoided by the United States because the analysis “conflicts with the present policy of the Department of Justice’s Office of Legal Counsel.”

    This badly-reasoned majority opinion written by a Clinton-appointee is typical.  What will follow is either a request for an en banc review by the entire Ninth Circuit or the Supreme Court.  That High Court will eventually make the ultimate decision in what may no doubt turn out to be the most important case on the enforcement of our immigration laws in a generation.

    Posted in Legal [slideshow_deploy]

    21 Responses to The Heckler’s Veto of Arizona’s Immigration Law

    1. Terresa, WA says:

      Yet another reason the 9th Circus needs to go away.

    2. James, Prescott, AZ says:

      I think this article made a mistake in the last paragraph. Should have said, "This badly reasoned minority opinion by a George W. Bush appointee is typical."

      • Mike Freeman says:

        So, what is the basis for your comment? Give us some solid critique of how the minority opinion is badly reasoned. Or, could it be that your post is a mere knee-jerk reaction that you cannot support? I believe the latter is most likely the case.

    3. patti, alabama says:

      There has to be a way to get rid of the 9th circuit. They are doing so much harm to this country. Almost as bad as Obama,

    4. Truckerky59 says:

      It is another sad day in Arizona. Justice Bea is correct. The constitution lays it all out.Should be no if"s,and"s or but's about this.

    5. Jim Delaney says:

      I'm not surprised by this ruling either. Judicial supremacy vs Constitutional supremacy, and the unelected, unaccountable, activist, black-robed oligarchs once again superseded the rule of law and of the people. Someone's got to reign these tyrants in, failing which Arizona should simply and rightly ignore/nullify the imperious ruling. But, do the emasculated states possess the moral clarity and principle to do so? I sincerely doubt it. We have met the enemy and it is the weak-kneed, cowed states.

    6. Ranchman says:

      Obama has proven over and over again that he has no regard for the law, continuing with his unconstitutional policies even after they have been struck down by justices all the way to the Supreme Court. Why should Arizona or any other State act differently, even though they would undoubtedly be right? What's good for the goose is good for the gander, let Obama get a taste of his own medicine. So, yeah, you're darn right Arizona should enforce the law they passed, if the shoe was on the other foot our usurper in chief would act no differently.

    7. George Colgrove VA says:

      Another step away from America and a step towards Amerika.

      We are loosing this country case by case.

      All hopes on the Supreme Court!

    8. Tom Herron, Delaware says:

      Well, the correct statement is from the old comic strip "POGO" when Pogo tells all his forest buddies "I have very bad news folks-I have met the enemy and

      he is us!"

      Undoubtedly the most disgusting man in the USA;Bill Mahr got it right when

      he said half the American public is 'STUPID", since the education system

      was dumbed down about 25 years ago, we have a generation of uneducated, undisciplined, morally repugnant people and the Socialists er excuse me Liberals can manipulate them any way they want, just like holding candy in front of a child.

      I am becoming more certain every day that the second amendment was meant to be used as a deterrent to the Federal Government overstepping its bounds.

      Too late for that. I am 68 and grew up in the best time to be an American, sadly I don't think it will ever be the same.

    9. Carol,AZ says:


      It's not surprising that this has been the ruling form the 9th,C. Court.

      AZ is prepared to go the distance to the Supreme Court.

      We are not surprised by the ruling coming from CA.

      The Federal Gov.has level the full power against the States to enforce laws they refuse to enforce.

      Meanwhile, most of America stand with AZ and over 29 State has done the same, enforcing laws on this issue as well.

      This crazy qulit of lawsuits has included lawsuits against our own sheriff Dept.

      Regardless of how much evidence we have, level with concise forensic evidence recently in D.C. to HLS, of a war of terrorism on our border and the proof of genocide, the Federal Gov has sided with the corruption form MX.

      This War backed by transnational cartel (s) is the biggest treat to America's National Security happening right here in North America.


      (part 1 of 4) follow the link for videos 1-4.

      Watch the videos and watch them again.

      We have never been incorrect about this issue.

    10. Daisysue says:

      Good Morning Jim. D

      Hate argue with you so early in the day, BUT you need to check things out. You will not find Arizona to be cowed or weak kneed. Gov. J. Brewer and Sheriff Joe Arpaio have done more than anyone ever to keep our border safe. Both of them have gone toe to toe with DC. Gov. J Brewer faced them down in the UN and also has a Law suite pending against the federal government for failing to do their job. NO, ARIZONA IS NOT COWED OR WEAK KNEED. More than a few states are following Arizona's actions and initiated similar laws of their own to deal with the illegal immigrant situation.

    11. Leon Lundquist, Dura says:

      Imagine that! The Departments of the Federal Government Double Dealing in Court! Again! Inconsistant arguments can be found here, just like the Vinson Orders, the Government is seizing Powers that it is a High Crime just to want them! I see Criminal Attempt, forcing Arizona to go along with Racketeering, Criminal Refraining Prosecution and the Government forces Arizona to be complicit in High Crime! What?

      When did the Ninth Circuit become immune from Impeachment? I see them failing their Oaths year after year. These guys are carelessly and aggressively administering their Sacred Office for a Foreign Interest (specifically, Communist Cold War Infiltrators!) The Crime of the Century is Refraining Prosecution of Treason! All of America is the victim/witness! RINOs can't see High Crimes. Perhaps they will finally 'see it' when Obama hangs them!

    12. Pingback: ~ JUST IN ~ Daily News Digest for Tuesday, April 12, 2011 | Just Piper

    13. Brad, Chicago says:

      While this case has always been headed to the Supreme Court, it's nice to see someone along the way (Judge Bea) agrees that states do have some rights. As the article points out, based on the reversal rate of cases heard by this circuit court, the ruling means next to nothing. Its value lies in the ruling and dissent, which can be later referenced to couch the final ruling in reason.

    14. Mike McLellen, Grand says:

      Just how wide is the border? Is a fine line, or is it a line stretching from the border to Tuscon, nearly 70 miles away? How about as far as Colorado? So then, the border is as wide as the country, no where can any local jurisdiction inquire as to a person's citizenship if they do not have proper identification?

      Our federal government is out of control, led by the liberals who are trying to secure their place in office by rigging the vote with non-citizens.

      Wake up America…………………………

    15. Pingback: Boundless Immigration: The Silent Killer of the Welfare State | RedState

    16. Pingback: Opinion-Week of April 11, 2011 |

    17. Linda Riojas, Somers says:

      In this day of Political Correctness, I am, sadly, not surprised at this latest ruling. The scary thing is that this judge is totally clueless of the major problem that illegal immigration is causing. Yes, there are laws on the books, but THEY ARE UNDER FUNDED AND UNENFORCED!!!

      Here's an idea of what has happened; there is one town on the border of the US and Canada that has 6, count them 6 people PER MONTH that cross the border, and since that state supported "Obummer" in the 2008 election, they got millions, yes, MILLIONS to protect that border. Then there is California, whose school buses cross the border INTO Mexico to bring kids to school and take them back home to Mexico (gee, we don't have enough problems as it is). Then we have Arizona, New Mexico and Texas with underfunded border protection (let's not even TALK about Austin, TX, which is a "Sanctuary City" for illegal immigrants, so even if you find an illegal, you can't arrest nor deport them….I've always thought that Austin needs to be moved to California) and where hundreds cross the border PER DAY, and where we had border patrol agents sent to prison for shooting a drug dealer in the buttocks… the world has gone nuts!

      I head sometime in the last few months that the terrorist group Hezbollah, has joined the drug cartels in Mexico, and now it's not a question of IF they have crossed the border, but HOW MANY have crossed illegally. Living an hour or so from the border, San Antonio has drug warlords taking over huge parts of town so that many people are moving to the suburbs and urban areas to escape the crime, but it's not working. My husband and I live in a very rural area and had to have a burglar alarm installed, as I am disabled and do not leave the house much and those who sought to break in thought that after my husband left for work, our house was empty and ripe for picking.

      There is such irony in seeing protests about illegal immigrations by the hispanic/ latino community carrying the Mexican flag while protesting against the US. Hey, how about protesting Mexico if it's so bad you're fleeing here illegally??? Did you know it costs about $1200 to LEGALLY immigrate but you're paying a 'coyote' $5000 and more to bring you here ILLEGALLY? And don't tell me these folks are coming here to find work no one else wants to do! Yes, they work cheaper, but that money is not spent here but sent back to Mexico!

      Powers that be, how about protecting OUR rights here at home and stop pandering to those who refuse to join the great melting pot that this country used to be. I, for one, am sick of hearing "Press 1 for English!"

    18. Pingback: Boundless Immigration: The Silent Killer of the Welfare State | USA In The News

    19. Pingback: Boundless Immigration: The Silent Killer of the Welfare State | Political News

    20. Valerie Lopez, Calif says:

      How very sad it is to watch our Country being given and stolen away from us. Illegal immigration, has got to stop now! How can we face our troops if they come back from fighting for us, and we haven't been able to protect our borders. How weak we must seem to other nations, as they see joyful, laughing people sneaking into our Country, and there doesn't seem to be anything we can do about. Or is it the powers that be will do nothing about it? Birthright Citizenship should not exist. We spend so much money on illegals that it is a crime against us. Charity starts at home. When are we going to start taking care of our Veterans with proper medical and mental health care. And another looming expense on the horizon, is the number of our citizens who are autistic, when they become adults, will continue to need special care throughout their lives. We have to start thinking about ourselves and taking care of each other. Let the governments of illegal immigrants learn take care of their own citizens. No more illegal immigration, Birthright Citizenship, English only, and drastically cut down the number of legal immigrants that are allowed to come. We have to get back on our feet again, and have Americans in control of America. One simple way to start saving millions of dollars is to have all city, county, state and federal forms written in English only. I fear for the future of natural born American citizens, who will come after us. Will there be anything left for them? God Bless America.

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