This was a curious article from over the weekend, suggesting that Arizona Gov. Jan Brewer would rather try to change SB1070 to comply with any legal concerns than defend it in court. It’s an implicit admission that the law cannot pass muster in the courts.
Gov. Jan Brewer, who signed the law and appealed the ruling, has vowed not to back down, saying she’ll challenge Bolton’s decision all the way to the Supreme Court [...]
Brewer said earlier Friday that she’d consider changes to “tweak” the law to respond to the parts Bolton faulted.
“Basically we believe (the law) is constitutional but she obviously pointed out faults that can possibly be fixed, and that’s what we would do,” Brewer told The Associated Press. She said she’s talking to legislative leaders about the possibility of a special session, but said no specific changes had been identified.
A special session would possibly have political utility for Brewer, although climbing down from this law that she vowed to take to the Supreme Court may have some negative implications among the base. Brewer offered no specifics about how to change the law to Bolton’s liking, and considering the federal/state implications, I don’t see how an accommodation could possibly be reached.
Meanwhile, the thin reeds upon which the law is justified have begun to break, as the traditional media has started to call out the falsehoods used to whip up a frenzy around the issue. This was from Face the Nation with guest host Harry Smith yesterday:
SMITH: One of the things that’s come to light over the past last couple weeks is that in some of these border towns that were thought to be susceptible to lawbreaking of illegal immigrants. Crime is actually down. Crime in Phoenix for instance is down significantly over the past couple of years.
KYL: Well, that’s a gross generalization. Property crimes are up, certain violent crimes on certain parts of the citizenry are up. Phoenix is a very large source of kidnapping. It’s called the kidnapping capital of the United States…So there’s a great deal of violence and crime associated with illegal immigrants.
Actually, it’s a gross misstatement on the part of Kyl. The crime rate in Arizona has decreased, and the kidnapping issue in Phoenix just isn’t true.
And as the facts pile up, and Brewer potentially steps away from a fight, if the US Citizenship and Immigration Service follows through with their memo on how they can offer a path to citizenship without Congressional action, then only one side would be on the offense.