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AG wants federal government added to lawsuit

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Indiana Attorney General Greg Zoeller filed motions in federal court Tuesday asking that the federal government be joined as a necessary party to the state’s immigration lawsuit.

Zoeller said the federal government is a necessary party for the legal arguments in the suit, Buquer, et al. v. City of Indianapolis, et al., No. 1:11-CV-708, filed in May on behalf of plaintiffs who say Senate Enrolled Act 590, now Public Law 171-2011, will allow police to wrongly arrest people and penalize immigrants for using their consular identification cards.  Without the U.S.’s involvement, Indiana is subject to a substantial risk of inconsistent or multiple judgments based upon the potential for future litigation by the federal government regarding the same matters, Zoeller wrote in the motion to join a necessary party.

Judge Sarah Evans Barker in the Southern District of Indiana granted the plaintiffs’ motion for a preliminary injunction in June, blocking the enforcement of two provisions: one that deals with arrests of illegal immigrants subject to immigration court removal orders; the other prohibiting the use of foreign consular identification cards as ID in Indiana. The plaintiffs have also filed a motion for a permanent injunction. Zoeller decided not to appeal the preliminary ruling.
 

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  2. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  3. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  4. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  5. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

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