Arizona governor: Today the courts told the feds that they don’t have to do their job; Update: Huge win for the right, says … Chris Matthews

posted at 6:12 pm on July 28, 2010 by Allahpundit

Not quite true — in fact, the court told Arizona that they’ve gone too far in trying to do the feds’ job for them — but Brewer’s spinning it precisely the right way to maximize political effect. No matter how many lawsuits the state loses and no matter what grounds it may lose on, the takeaway for most of the public will be that the federal government is now actually using the courts to prevent enforcement of its own immigration laws. Which means that every legal step, regardless of the outcome, is a political win for border enforcement. Arizona’s law was never going to stop border crossings on its own, but the angrier voters get at seeing the feds side with illegals in court, the greater the pressure will be on Congress to take serious enforcement measures along the entire border — which, of course, is the ideal solution. In fact, sometimes I wonder how many people in the Arizona legislature voted for it for exactly that reason, not because it’ll reduce the illegal population in any dramatic way but because it backs the feds into a corner on border security that they really can’t escape from. As a strategic matter, The One would have been better off letting the statute go into effect and then waiting to see if some high-profile instance of abuse happened which he could exploit politically to get the public back on his side. Instead, this. Oh well. At a moment when he and the left must be frantic to pander to amnesty shills in order to shore up their sliding polling with Latinos, passing this thing was a brilliant way to hold them in check. On to the appeal.

Update: Readers are noting that this was a preliminary injunction and therefore the next step’s not an appeal but rather a full hearing. True enough; my mistake. Given the ruling here, they’ll probably lose at trial and then there’ll be an appeal, but like I say, the outcome in these cases is secondary.

Update: Say what you will about Tingles, but the broken clock is on time here.

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Comment pages: 1 2

Calling Eric Holder, Attorney General is a misnomer.

flintstone on July 28, 2010 at 8:25 PM

He holds…opinions and grudges.

Schadenfreude on July 28, 2010 at 8:44 PM

what’s going to happen when the next officer dies in the line of duty by an illegal?

cmsinaz on July 28, 2010 at 8:22 PM

Same thing that happened when 15 soldiers were killed by an islamofascist in Texas. Obama will give a speech and blame the victim(s).

angryed on July 28, 2010 at 8:46 PM

Sickening coverage of this in the media. Lots of grateful “immigrants” hugging and celebrating their new found victory. I wouldn’t be surprised if Arizona isn’t swamped with new “citizens.” Citizens you say, they’re not citizens. I beg to differ. According to this judge they can pretty much do whatever they want with no repercussions.

sandee on July 28, 2010 at 7:01 PM

The same media that did NOT show the celebrations in the streets of Muslim cities and countries after 911.

This is really sickening

KZnextzone on July 28, 2010 at 8:48 PM

Matthews’ speech was excellent, bar one thing. He assumed that the “exploiters” are only on the right, those who wish to hire cheap labor.

Chris, your side, with Obama in charge, exploit this issue for race divisions, getting votes, keeping poor people in the plantation, future numbers for the unions, and other socialist/marxist drivers.

Other than that you were brilliant on topic.

Schadenfreude on July 28, 2010 at 8:57 PM

Gov. Brewer just said that tomorrow they’ll file an expedited appeal to the 9th circuit.

Schadenfreude on July 28, 2010 at 9:05 PM

Why are Obama and his claque failing to do their sworn Constitutional duty?

And THERE’S your impeachable offense. All Presidents take a SWORN oath to defend this country from ALL enemies, both foreign and domestic.

If Obama fails to protect the citizens of Arizona and all of the other states, then he has knowingly violated his oath of office.

TeresainFortWorth on July 28, 2010 at 9:14 PM

How long will we be asked to oil the rusty wire that holds the cork that keeps the anger in? The patina of civility and reasoned discourse in which cloak ourselves is starting to wear thin. How long before Mexico presents the receipt for La Venta de La Mesilla and asks for a refund?

creekspecter on July 28, 2010 at 9:42 PM

The judge was physically threatened by Obama, probably something like a broken kneecap.

proconstitution on July 28, 2010 at 10:05 PM

The One would have been better off letting the statute go into effect and then waiting to see if some high-profile instance of abuse happened which he could exploit politically to get the public back on his side.

And get that moonbat base all p.o.’ed? Uh-uh.

ddrintn on July 28, 2010 at 10:07 PM

Truly unbelievable; the Statist really don’t want immigration law enforced and are willing to go on record as so. This is a biblical level of state mischief. 2010 we’re going to take the banana out of republic and return to law and order.

Mojave Mark on July 28, 2010 at 10:17 PM

Wow! I can’t remember the last time I agreed with “tingles”!!

Pablo Snooze on July 28, 2010 at 10:38 PM

The lawsuit was entirely a political ploy. The government doesn’t care if they win or lose so long as they incite fear in Latinos and get them to vote Democrat.

NNtrancer on July 29, 2010 at 12:13 AM

This preliminary injunction may be appealed:

28 U.S.C. § 1292. Interlocutory decisions

(a) Except as provided in subsections (c) and (d) of this section, the courts of appeals shall have jurisdiction of appeals from:
(1) Interlocutory orders of the district courts of the United States, the United States District Court for the District of the Canal Zone, the District Court of Guam, and the District Court of the Virgin Islands, or of the judges thereof, granting, continuing, modifying, refusing or dissolving injunctions, or refusing to dissolve or modify injunctions, except where a direct review may be had in the Supreme Court;

Ira on July 29, 2010 at 4:20 AM

There’s a website for the newspaper, the Ocala Star Banner in North Central Florida. They have a link for Mugshots. Pics of all those that have been booked in the last…72?? hours.
Kinda interesting to click on the pics of those with Hispanic last names. The vast majority were arrested for…No valid Drivers License. And I’ve noticed the number of arrests for that offense has risen sharply in the last few months. Could be coinkidink…but I doan think so.

Army Brat on July 29, 2010 at 5:02 AM

sometimes I wonder how many people in the Arizona legislature voted for it for exactly that reason, not because it’ll reduce the illegal population in any dramatic way but because it backs the feds into a corner on border security that they really can’t escape from

Wonder no more. Quite a few of them voted for it for exactly that reason.

AZCoyote on July 29, 2010 at 6:56 AM

So now we know that the Drug Cartels have also bought the judiciary.

I wonder how much that judge gets in the drug profits. I hope it’s enough, she sold her soul. She sold America’s soul.

petunia on July 29, 2010 at 7:10 AM

Leave it to Chris Mathews to come very close to justifying cop killing and then 10 seconds later call the Arizona law “cruel”.

Jaynie59 on July 29, 2010 at 7:41 AM

CM “I wish people would be more fair minded about immigration.”

The overwhelming majority of US citizens have no problem with immigration, dopey, it the frickin ILLEGAL IMMIGRATION we loathe you effing moron!

When will they ever get it?

Alden Pyle on July 29, 2010 at 8:02 AM

Let them go home and immigrate legally, just like some of my ancestors and my wife’s relatives did. What is so frikin’ tough to figure out here. Immigration if fine, everyone wants to come here. DO IT LEGALLY!!!

flytier on July 29, 2010 at 8:25 AM

When will they ever get it?

It’s an intentional omission of the key fact.

They know what the truth is, and they never say it because they lose once they concede that illegal immigration is ILLEGAL.

Good Lt on July 29, 2010 at 9:09 AM

I assert once again that the way for Arizona to respond is to say they can no longer enforce any federal law or cooperate with fedarl investigations on grounds of pre-emption. They should take the court’s ruling to its logical conclusion and see how the Feds like it.

dczombie on July 29, 2010 at 10:06 AM

The judge sais,”is likely to impermissibly burden federal resources and redirect federal agencies away from priorities they have established,” she wrote.”

I love when the left gets frugal

when the first budget passed all fed departments took extra dough,….

Except of course napolitanos dhs

Maybe if enough of us start robbing banks and give some of the proceeds to the poor we could expect some latitude from the FBI

There is no law

Sonosam on July 29, 2010 at 12:08 PM

No Allah,

This was a temporary restraining order, also called a TRO, which is a short term emergency request to halt something pending a full preliminary injunction hearing, which would be scheduled to happen a week or two later.

Because TROs only last a couple weeks, they are almost always granted unless the plaintiffs have no case, or they waited too long. The real substance doesn’t come until the PI hearing. THAT is what will go up on appeal even though it is not a final order.

kaltes on July 29, 2010 at 6:40 PM

Nevermind, I took morriseys post where he says TRO seriously. My mistake. He is wrong. It is a PI not a TRO. I just confirmed that with wikipedia.

Im sure arizona will immediately appeal. The reasoning from the judge seems shoddy if the PI was based on the supposed impropriety of AZ sending lots of referrals to the feds. Thats just stupid. By that logic, no state could ever pass laws to significantly help ICE, because poor ICE would get overwhelmed by actually having to do their jobs.

What a farce.

kaltes on July 29, 2010 at 6:54 PM

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