Another Word on AZ's Immigration Law

Ok, well a local federal judge has enjoined much of the law, so now it goes to the 9 th circuit Court of Appeals. Don't expect much difference there as the most overturned appellate district in the country. But if and when it gets to the Supreme Court....well yes, I did say "if" The high court does not have to accept the case if they choose not to. While unlikely, that would end the matter at the 9 th. Most likely though, the Supreme court will review the case.

There are, it seems to me, two issues. The first is: Is the AZ law unconstitutional on its face. If it is not, then the question is: is the law unconstitutional as applied. Well, aside from the tired argument that only the fed can legislate on immigration issues, the law mirrors the federal statutes. It would be difficult to find the law unconstitutional on its face, or otherwise they would likely cast doubt on the federal statutory scheme as well. And, many forget, the Supreme Court has empowered states to legislate in immigration areas almost thirty years ago. So, if the law is valid on its face, then the test is to determine if the law is unconstitutional "as applied". Meaning, is there something in the way it is actually being implemented that, as used, makes its application unconstitutional.

For the second issue, there must be someone who is a plaintiff or "victim" who suffered a constitutional wrong. That is a problem for those opposed to the law. You see, the injunction all but guarantees local cops are not going to enforce any aspect of the statute until the high court rules, even if some of the law is in effect. So, no plaintiff to use to claim HIS or HER constitutional rights were violated in the application of the law.

So, here is a prediction. The Supreme court will overturn the 9th circuit when it affirms the lower courts injunction and ruling. The AZ law will be found to be "facially valid" and upheld. Once the law is actually in full force and effect, then there will be a second challenge to its constitutionality, based on a claim of some "victim" claiming their personal rights were violated. Then, we will probably see dozens of law suits, each making a constitutional claim. Each will be found to be valid in the lower courts and each will likely be overturned at the Supreme Court. We'll see over then next few years if I am right.......

So, if your looking for a resolution of this issue any time soon.........as they say in NY, "Fa get about it"