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Sunday, April 21, 2019

9th Circuit overturns Supreme Court decision

On June 25, 2012, the U.S. Supreme Court voted 5-3 to strike down Arizona's law enforcing federal immigration laws. Justice Anthony Kennedy wrote, "The National Government has significant power to regulate immigration. Arizona may have understandable frustrations with the problems caused by illegal immigration while that process continues, but the State may not pursue policies that undermine federal law."

On Thursday, a three-member panel of the 9th Circuit Court overturned that decision in ruling that the state of California has the right to ignore the national government's regulation of immigration."




The San Diego Union-Tribune reported, "A federal appeals court decided unanimously Thursday that most of California’s so-called sanctuary laws can continue to be enforced, rejecting the bulk of a lawsuit brought by the Trump administration."

Judge Milan D. Smith Jr. wrote, the California law “may well frustrate the federal government’s immigration enforcement efforts. However, whatever the wisdom of the underlying policy adopted by California, that frustration is permissible.”

President Trump likely will appeal the 9th's decision to a full panel of the 9th. Eventually, the case may wind up in the Supreme Court where justices will have to square the national government's significant power to regulate immigration with the idea that California can frustrate the federal government.

Perhaps that is the key. The powers of the national government, as Justice Kennedy put it, exceed the powers of the federal government, as Judge Smith put it.

Face it, the people want the borders defended, but Congress and the courts do not. Instead of manning up and repealing federal immigration laws, Congress wants the court to strike them down. Sadly, judges are willing to do so.

11 comments:

  1. I immediately thought the same thing, Don, that the 9th had once again enumerated powers to the state that properly belong to the federal government.

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  2. We are a nation of laws, but different groups of people decide which laws they will honor. As this state of affairs continues the state will cease to be one state, but will devolve along the lines drawn by people deciding which laws they will obey, until e pluribus unum becomes e unum pluribus.

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    1. This goes back to the 60s when the Commies taught the hippie dippy types they not only had a right, but an obligation, to disobey what they considered unjust laws.

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  3. Don, could this be a first strike for secession?

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    1. As lone as they take the west side of Oregon with them, go for it..

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    2. No, but it's a first strike to go all Phil Sheridan and Cump Sherman on them.

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  4. The worst court in the land will be struck down. California, however, appears hopeless.

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  5. Translation: "It's okay when we do, but not when you do it."

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  6. Send the border detention folk to the communities where the judges live.

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  7. Come on, that is not what the 9th Circuit ruled and you know it. I suspect that the SCOTUS will agree with most of the ruling of the 9th. It has been well-established that the Federal Government cannot directly make the States do things. The Federal Government can ask and can lightly incentive with $.

    There are a host of rulings by SCOTUS that the Federal Government withholding $ unless the State does something cannot be "coercive". They are arguing over what is coercive-- to force the State to do something.

    All of the rulings assume the Feds can't make the States do things, like detail illegal immigrants, they all fight over the coercive part. How hard can the Feds work to make the States agree to do something.

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  8. I though it amazing that marijuana would re-establish classic federalism. Otherwise intelligent citizens support states rights' to thumb their noses at Federal law and nullify it..and now immigration joins forces with marijuana to nullify federal law. Amazing. What a victory for states' rights! Is nullifying federal civil rights laws far behind?

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