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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. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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