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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.
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And the lies just keep on coming!
Brewer knows this law won’t play. Her only hope was that the administration wouldn’t contest it. But for the Democratic dependence upon Latins in 2012, she might have been right.
Immigration is about economic inequality and economic competition. The latter brings out the uglier side of human nature.
Solve that and everything will be ‘luverly’ except on Fox.
What’s wrong with people coming into this country legally?
Don’t go within 80 miles of the border or else you just might [Edited by Moderator. We do not go remotely in that direction] Many have already.
Notice how Harry Smith didn’t challenge Kyl on his lies?
There’s been an ongoing drumbeat of lies, lies and more lies in AZ, esp about all the alleged crimes committed solely and only by illegals. It’s a load of you know what. This law is ill-conceived, and certain sections will continue to be slapped down in the courts.
AZ doesn’t have loads of $$$ to keep this up, unless some rightwingers wish to cough up the cash to keep fighting it in the courts. Basically, it’s an exercise in futility. Perhaps Brewer realizes that, and her rich benefactors weren’t willing to go the distance.
Fake Noise can rail all it wants about how Judge Bolton is an “activist” and a “hack” – terms I’ve heard bandied about – but Bolton’s got the constitutional law behind her.
Republicans want to interpret the US constitution “their way.” Not going to happen with SB 1070. Needs to be re-written/revised.
Too bad that’s a lie, Tinman. But then again lies are all you have to buttress the racism.
Repealing prohibition and agricultural subsidies would help to stop illegal immigration, but they don’t care.
Just like “pro-lifers” who are against sex-ed and birth control when we know it will reduce abortions – they don’t care about saving babies at all.
Yes, that, and also using current laws to go after businesses that knowingly, willingly and actively seek to recruit and hire illegals to work for lower wages and sometimes in unsafe or crummy conditions. This practice may have declined somewhat due to the poor economy, but let’s face it: if no one ever hired illegal workers, then most of them would stop coming here.
It’s documented, though, that mostly only the illegals get busted (which is ok; they’re doing something against the law & took the risk), while the business owner doesn’t even get a tap on the wrist (that is NOT ok).
One of the bigger hypocrisies is just that: not going after the business owners with the same zeal and full force of the law as they go after the illegal workers. Going after the illegal workers is pretty useless unless it’s done in conjunction with more fines, sanctions and criminal sentences for the business owners.
Until that happens, laws like AZ SB1070 are b.s. and a big waste of taxpayer dollars, amongst other things.
I don’t think this is Brewer backing away in the least; not even close. I think she is doubling down to try to get more of the law in action pending the litigation of the original portions.
This happens in Utah, too. Right-wing groups with very creative lawyers draft unconstitutional legislation. They sell it to the politicians based on some novel interpretation of the Constitution. Then the courts strike it down. This happens again and again, because the politicians think it makes them look good.
Tell me, why are the right-wingers who always claim to love the Constitution the first ones to propose re-interpreting it and amending it?
Brewer backin’ down? Shhhhhhhhhhhh, don’t tell the trash-talkin’ twit from Wasilla.
Good point, unfortunately. Fortifying the border, which seems to be the point of what little is now left of tinman1967′s comment, is about the least effective way to stop illegal immigration. Altering the differential in economic opportunity, which we’re well on the way to doing, albeit in the wrong direction, and eliminating various financial incentives would go much farther. We could have a border like the one between the two Koreas and it wouldn’t do more than slow illegal immigration a little.
Tinman,
Arizona’s SB 1070, is all about the ongoing assault on Hispanic and Native Americans for voter-intimidation, suppression, and disenfranchisement. And the companion piece of legislation that attacks ‘ethnic studies’ in Tucson, Arizona, is the frosting on this Republican cake. As such, both never made it onto the ballot, and to date, no one questions the “why” and as I explain below.
I have jokingly suggested that with Lindsey Graham’s support for “birthright citizenship”, the media should be asking him as to when he will be introducing legislation that would designate Hispanics and Native Americans as “enemy combatants. And that’s where the arch-conservatives are taking America into the Future, if anyone sits on their political brass knuckles.
All the ado about much, is the stylings of America’s arch-conservatives, since the elimination of Affirmative Action cannot be accomplished, but Senator Webb, is willing to be their ‘tool’.
As to the legal argument, Brewer’s, Pearce’s, and Huppenthal’s would have a much better ‘strengh of position’ had SB 1070 and the companion legislation, been put on the ballot for voters to scrutinize and decide. But they didn’t and that makes them professionally stupid. But then, I wouldn’t expect the Bircheristas, to be reasonalbly intelligent or even politically astute.
As such, if the Chief Justice of SCOTUS–Rehnquist had not died, Brewer and Clowns would be getting an getting an advantageous 5-4 decision in their favor. And Rehnquist’s history as a local attorney was in being a clone for Barry Goldwater and this history is replete with Rehnquist and his buddies showing up in predominantly Hispanic areas of the city challenging the Hispanic voters on election day.
so, Jan “bircher” Brewer, like Rehnquist, have a “legacy” written by the Spanish-speaking community for “one disgusting human being.”
Jaango
Tinman,
If you were a taxpayer in Arizona, you would be furious that our Infamous Sheriff of the Pink Skivvies, along with the City of Phoenix police department arrested 80 protesters, and three were undocumented immigrants and who permitted themselves to be arrested. All this occurred this past Thursday.
Now, contrast this behavior with this past Thursday’s Day of Protest.
The Sheriff disbanded his ‘felony-arrest’ crime bureau and done in order to implement his “crime sweeps” that invariably ‘target’ Hispanic neighborhoods solely. And yet, on a monthly basis, there are over 40,000 felony arrest warrants outstanding for murderers, rapists, child molesters, bank robbers and assorted criminals. But if one understands the totality of the Sheriff’s history as either a federal employee (DEA) and here in Arizona, his wealth is found in the always available “low-hanging” fruit. Consequently, his going after the ‘bag guys’ is not going to happen.
Jaango
hmmmmm…so, you feel its ok to bust the “illegals,” because technically they broke the law? Looking for clarification…ty
It is a little ironic that we glorify the movement of capital and factories across international borders (NAFTA, GATT, WTO and so on…) but we are horrified about the notion of labor crossing international borders?