THIS Is a "Crackdown"?
So the Hussein administration finally, really did it. They sued Arizona to block SB 1070. On civil rights grounds that Arizona is the Fourth Reich, intent upon imposing a "Final Solution to the Wetback Problem"? Nope. Based upon "pre-emption" of federal immigration law by a state immigration law that is identical to it, and which the feds train local law enforcement agencies to enforce at the state level:
The Justice Department has decided to file suit against Arizona on the grounds that the state’s new immigration law illegally intrudes on federal prerogatives, law enforcement sources said Monday.
The lawsuit, which three sources said could be filed as early as Tuesday, will invoke for its main argument the legal doctrine of “preemption,” which is based on the Constitution’s supremacy clause and says that federal law trumps state statutes. Justice Department officials believe that enforcing immigration laws is a federal responsibility, the sources said. …
The preemption doctrine has been established in Supreme Court decisions, and some legal experts have said such a federal argument likely would persuade a judge to declare the law unconstitutional.
But lawyers who helped draft the Arizona legislation have expressed doubt that a preemption argument would prevail.
No shit. Try "highly likely to make the federal judge fall off his dais laughing". It's ludicrous grounds for a lawsuit. SB1070 was expressly written to AVOID any possibility of a pre-emption angle. That was its whole point: to mirror federal immigration law, refer illegal immigration cases snagged in the resulting dragnet to the feds, and highlight precisely that it was the Hussein administration that is pre-empting ITSELF on its own immigration law by refusing to enforce it.
Ensign Ed has some "fun with metaphors":
Does this mean that state and local police have no jurisdiction to enforce federal drug laws if they don’t violate state or local law? Terrorism? Wire fraud? If a court rules that referrals to federal agencies from state and local law enforcement are unconstitutional on the basis of pre-emption, it will make the Gorelick Wall look like a curb....
It would be akin to saying that it’s unconstitutional for local police to respond to a bank robbery in progress because robbing an FDIC-insured bank is a federal crime.
It's also a de facto declaration of war against the very concept of federalism and state sovereignty. To buy this line of bull is to acknowledge that states have no functional reason to exist at all and might just as well be formally dissolved, and our federal system right along with it. No more Electoral College, no more U.S. Senate, and bye-bye to another significant bulwark against centralized government power.
It is also, curiously, a very....honest lawsuit. A pre-emption case is precisely what the White House has really been arguing all along. The fact that three months of vicious, billious, racist demogoguery preluded a federal lawsuit that mentions nothing, zip, zero, nada about civil rights shows that the only purpose for that Montgomeryesque scatalogical PR artillery barrage was to soften up Governor Jan Brewer and the Arizona legislature by turning the American people against them. Seeing what a tremendous success THAT was, so strong was Eric The Red's civil rights angle that he....never filed it, opting instead for the preemption gambit that is even weaker.
Kinda reminds me of the final round of the 1995 IWA King of the Death Match tournament, which was billed as a "no rope, barbed wire board, C4 explosive, exploding ring death match." Of which the highlight, and what all 30,000 or so Japanese fans had come to see, was the ring exploding with somebody inside of it.
This event went on most of the day and into the evening. In August. In 95 degree heat, with like humidity. Six preceding hardcore wrestling matches of staged but legitimately violent and bloody mayhem. It all came down to the highly anticipated showdown between Terry Funk (HUGE in Japan for decades) and Mick "Cactus Jack" Foley, who was kind of "Funk: The Next Generation". Fans were truly thinking that they might see one or both performers DIE on that night. The ring announcer even counted down the last ten seconds before the ring blew sky high.
This is the climax those fans got:
That is the Obama lawsuit against Arizona. A whole day of blood and guts culminating in a complete and total fizzle - one that, unlike Funk and Cactus who managed to at least somewhat salvage a decent finish in their match, the White House is almost guaranteed to lose.
And they call wrestling "fake."
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