Judge Grants Preliminary Injunction Against Arizona Immigration Statute
Yes, I think she essentially cautioned Arizona to be careful about ‘mandatory’ terminology until the SCOTUS can weigh in. And she did nothing in favor of illegal immigrants and nothing to keep Arizona from applying the parts of the law that are not Constitutional questions.
This is not what the administration wanted. Brewer called this a bump in the road for good reason. That’s all it is. I believe Brewer expected this to end up before the SCOTUS all along. (I did). The filing of an appeal in the 9th district is pro-forma. Arizona will request the case be brought directly to the SCOTUS before the 9th can even start on it. Bolton gave Arizona that opening. It’s not at all unlikely that given the importance of due diligence, this will be heard by the SCOTUS before November. If the SCOTUS rules that the law as it was originally passed in Arizona is constitutional, as I think they will, the same or similar law will be on the books in 10 states before the end of the year.
This is not any victory for the administration. Far from it. The administration will not even try to argue the rights of illegals or legally in country non-citizens when it comes before the SCOTUS. Restricting the rights of citizens will be the only thing that the administration can argue in any brief brought before the SCOTUS and they will have to convince the SCOTUS that applying existing federal law is an unreasonable impact on the individual’s rights.
