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9th Circuit upholds Arizona immigration law

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Indiana lawmakers who want to pass legislation targeting employers who knowingly hire illegal immigrants got ammunition from a federal appellate court ruling in California.

In a 26-page unanimous ruling Wednesday in Chicanos Por La Causa Inc., et al. v. Janet Napolitano, et al., No. 07-17272, the 9th Circuit Court of Appeals in San Francisco affirmed a lower court's ruling rejecting a facial challenge to Arizona's law allowing the state to use licensing laws to enforce immigration-related policies.

The three-judge panel held that state governments can properly enact sanctions that could take away licenses of employers who hire illegal workers and that the statute gives employers an adequate opportunity to defend themselves in a court hearing.

Although it upheld the law, the court pointed out that no businesses have been prosecuted in the nearly nine months since the law's been in effect, and that means future challenges may not be controlled by the decision depending on the facts of those cases.

This ruling gives a boost to Indiana lawmakers, who used that Arizona law as a model in crafting their own legislation during the 2008 session. That bill failed to gain enough support, but Sen. Mike Delph, R-Carmel, hopes to introduce similar legislation during the 2009 session, and he praised the 9th Circuit ruling.

In preparation of the new legislative session, the Interim Study Committee on Immigration Issues is currently studying those issues and has brought law professors and legal experts to testify about the differences between state and federal immigration laws. At its first meeting Sept. 9, experts indicated there was no guarantee a state law would stand up in federal court - something that may now be more debatable following the 9th Circuit's decision.

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  1. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  2. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  3. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

  4. This is easily remedied, and in a fashion that every church sacrificing incense for its 501c3 status and/or graveling for government grants should have no problem with ..... just add this statue, http://commons.wikimedia.org/wiki/File:Capitoline_she-wolf_Musei_Capitolini_MC1181.jpg entitled, "Jesus and Cousin John learn to suckle sustenance from the beloved Nanny State." Heckfire, the ACLU might even help move the statue in place then. And the art will certainly reflect our modern life, given the clergy's full-bellied willingness to accede to every whim of the new caesars. If any balk, just threaten to take away their government milk … they will quiet down straightaway, I assure you. Few, if any of them, are willing to cross the ruling elite as did the real J&J

  5. Tina has left the building.

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