Tuesday, July 6, 2010

United States v. Arizona

The Department of Justice filed suit today challenging the constitutionality of Arizona’s immigration law.

Here is the catch--the DOJ is using the weakest argument it has in the suit namely preemption. Preemption claims the federal government has exclusive right to enforce immigration laws. I am inclined to think that is a poor defense on the surface considering the feds have trained state and local law enforcement to carry out illegal immigrant laws.

Unless I am missing something--certainly not out of the realm of possibility--this suit looks like an effort by the Obama Administration to “do something” about the nationally popular Arizona law in order to appease opponents while not really putting up a fight.

If so, it is a really cynical move to pander to the amnesty crowd. Maybe there is more to the suit. It is hot off the press, so I have not read any pointed analysis by legal experts. But it is a sad sign of the times that my first instinct is to call the legal action a pandering farce and probably be onto something with the claim.