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Jan Brewer to appeal Arizona’s immigration law to the Supreme Court

May 10, 2011

  While Barack Obama prepares another push on amnesty for illegal aliens by touting his position in a speech in Mexico City, Jan Brewer is ready to prepare her Supreme Court challenge to the lower court ruling which stated Arizona’s immigration reform law was unconstitutional. I first read about this story at rjjrdq’s America II and felt compelled to write about it myself.

  Arizona Attorney General Tom Horne is going to skip a second appeal to the 9th Circuit Court of Appeals and will try to take the case directly to the Supreme Court:

Arizona Gov. Jan Brewer announced Monday she will ask the U.S. Supreme Court to overturn a ruling that put the most controversial parts of the state’s immigration enforcement law on hold.

The planned appeal to the high court comes after Brewer lost an initial appeal April 11, when a three-judge panel of the 9th Circuit Court of Appeals refused to reverse a lower court’s order that prevented key parts of the law from being enforced.

Attorney General Tom Horne said going directly to the Supreme Court and skipping a possible second appeal to the 9th Circuit will save time in resolving the case, while Brewer said she is confident “Arizona will prevail in its fight to protect its citizens

  I believe it is highly likely that Arizona will lose a Supreme Court challenge as Article 1, Section 8 of the constitution gives the federal government the authority “to establish an uniform Rule of Naturalization” and the courts have previously ruled that this means the federal government is responsible for both legislating immigration and enforcing immigration, but the fact remains that while there is immigration legislation in place the federal government has been derelict in its duty to enforce those laws. So who is responsible for upholding federal law in the event that the federal government is unwilling to do so? That is the question at hand.

  The controversial Arizona immigration law does not extend beyond the federal law, it simply gives the state the right to enforce the federal immigration law. If the federal government is unwilling to enforce the law somebody has to because residents of Arizona–and other states across the nation–are feeling the negative effects that the federal government’s dereliction of duty is causing.

  Jan Brewer is simply trying to protect the citizens of her state and if the federal government is unwilling to defend the citizens it seems to me as if the governors of the states should have the right to pick up the slack left by the federal government’s inadequacies.

  Jan Brewer is sure to suffer vicious attacks from the left, who will attempt to portray her as a bigot and a racist but up until this point she has not backed down because this issue is too important to her constituents and their safely. I hope that Jan Brewer remains dedicated to this issue and does not back down under the withering fire she is destined to feel. I believe she is strong and will fight this to the end, and I certainly hope this is the case because the American people need to know there is a contingency plan in place when the federal government is either too timid or to corrupted to enforce the laws of the land. And that is what is at stake here, will the Supreme Court decide that the states have the right to enforce a federal law that the federal government is unwilling to enforce?

  While Barack Obama continues to claim that we need new federal immigration laws which provides a “pathway to citizenship” what he should be focused on is not passing new immigration laws, but rather he should be concentrating on enforcing the laws which are already on the books.

  Even if Jan Brewer loses this Supreme Court challenge–which I think will be the likely outcome–at least she has helped to shed a light on the ineptitude of the federal government when it comes to enforcing immigration law.

11 Comments leave one →
  1. paula permalink
    May 10, 2011 10:04 pm



    • May 11, 2011 6:11 am

      To quote an old Talking Heads song; “the say compassion is a virtue, but I don’t have the time.”


  2. May 10, 2011 11:45 pm

    I’m not sure how this will turn out. You’re probably right the SCOTUS will rule against Arizona’s law that enforces the federal law. I know sounds backwards, but we’re living in strange days Steve.


    • May 11, 2011 6:12 am

      I think Arizona will lose, but what are they supposed to do when the governemnt won’t do one of its constitutional requirements? This is so frustrating!


  3. May 11, 2011 1:39 am

    It is simply wrong that a state has to sue to be able to do the job the Feds should be on top of already.


    • May 11, 2011 6:13 am

      So true, but the feds don’t want to be on top of this issue. That is where the problem is and hopefully this will help to highlight the issue.


  4. May 11, 2011 3:00 am

    The problem is that Jan Brewer is going by the book when those that oppose her are breaking every rule they come across. Tough to beat someone who’s cheating, and that’s what she-and the rest of the country are up against. Obama has plenty of allies in this fight, those in Washington, big-and small businesses, unions, city and state governments, and of course, judges. They all have their agendas, but the goal is the same.


    • May 11, 2011 6:15 am

      Very true rjjrdq, there are too many people on bothe sides of the aisle who want amnesty. They mat want it for different reasons by the victims of this legislation will be the American people.


  5. May 11, 2011 8:38 am

    I have a great idea, Drudge had a link up yesterday saying that southern Arizona wants to break off from Arizona proper and become its own state. So let them break off and then build a fence between the state of Arizona and Baja Arizona! That way the liberals in Baja Arizona can have their illegal immigrants, and the citizens of Arizona can finally have safety. Sounds win win to me 😀


    • May 11, 2011 9:09 pm

      I saw that link as well and I concur. I would go so far as to let Mexico annex Baja Arizona!



  1. ‘O’ to protect AZ border; Alligators & moat |

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