Wednesday, July 28, 2010

Federal Judge Smacks Down Parts Of The SB 1070 'Hate On Latinos' Law

Federal U.S. District Judge Susan Bolton earlier today gave the 'Hate On Latinos' law a serious legal smackdown.

"The Court by no means disregards Arizona's interests in controlling illegal immigration and addressing the concurrent problems with crime, including the trafficking of humans, drugs, guns and money," Bolton wrote. "Even though Arizona's interests may be consistent with those of the federal government, it is not in the public interest for Arizona to enforce preempted laws."

SB 1070 will still take effect at midnight, but Judge Bolton's ruling blocks implementation of the most controversial and odious parts of it.

Judge Bolton delayed the parts of the law that required immigrants to carry their papers at all times. SB 1070 took aim at day laborers by making it illegal for undocumented workers to solicit employment in public places. Judge Bolton also blocked officers from making warrantless arrests of suspected illegal immigrants.

Arizona Attorney General Terry Goddard (D) is running for governor and was put in the awkward position of having to defend a law he opposed and had this to say about the ruling.

"Rather than providing the leadership Arizona needs to solve the immigration problem, Jan Brewer signed a bill she could not defend in court which has led to boycotts, jeopardized our tourism industry and polarized our state. "It is time to look beyond election year grandstanding and begin to repair the damage to Arizona's image and economy."

Judge Bolton was appointed by President Clinton and of course the 'activist judge' sniping has already begun by the right wing. Gov. Jan Brewer has already indicated the state will appeal.

But this was just round one of a legal tussle over this bill that will probably end up being decided by the Supreme Court.

But score one for our side.

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