Now that Judge Bolton has ruled on USA v. Arizona, enjoining the four most egregious provisions on preemption grounds, there will be days of harrumphing and bellowing by States' Righters, Tea Partiers and other Assorted Grumpy Volk. A travesty, they will cry. It must be overturned on appeal, they will shout.
Instead, I recommend they just read the darn thing and then pipe down.
The decision is straightforward and unsurprising. Con law 101 stuff. It's sure to be upheld by the Ninth Circuit. The only Rumsfeldian Unknown is whether the Grumpies can raise enough money to send an army up to the Supreme Court. With Roberts at the helm, all bets are off.
Stand by for days and weeks of turgid, detailed analysis by Really Smart Lawyers. Meanwhile, change happens. Get over it. No whining.
Daniel M. Kowalski has been practicing immigration law for over 25 years, which is why he has gray hair and Little Patience for whiners.
Wednesday, July 28, 2010
Sunday, July 25, 2010
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