TMR would like to welcome Prof. Margaret Stock, of Alaska Law, who was kind enough to share her analysis with us.
This is a big win for the Justice Department and a big loss for Arizona. The Supreme Court upheld an injunction against three of the four provisions of the Arizona law at issue; while the Court held that an injunction was improper at this point in time against the fourth provision of SB 1070, the bone that the Court threw to Arizona on that issue will be difficult and expensive for Arizona to chew.
There were four provisions of SB 1070 at issue in the case, all of which had been enjoined by a lower federal court. The Court said that three of these provisions are unconstitutional on their face, and therefore upheld the lower court injunction against them. The fourth provision allows Arizona state and local police to check someone’s immigration status when the person is stopped by the police for some other reason, and the police have “reasonable suspicion” that the person is in the United States unlawfully. The Court held that this provision is not unconstitutional on its face—but this part of the law may be unconstitutional as applied, so the Court remanded the matter to the lower courts. Once the lower court lifts the injunction against enforcement of that part of SB 1070, Arizona may be permitted to go ahead and try to apply that provision—but it must do so in a way that does not violate anyone’s Constitutional rights. Avoiding such rights violations will be very tricky for Arizona state and local police to do, in light of the principles laid out in the Supreme Court’s opinion. If Arizona state and local police apply the law in a way that violates anyone’s rights, this last part of the law will be enjoined again by the lower court. Furthermore, the aggrieved parties will be able to sue Arizona for damages under federal law. Thus, although Arizona may be celebrating that the injunction against one of the four parts of its SB1070 law will shortly be lifted, the only part of SB 1070 that is no longer enjoined is the part that is likely to fail when it is applied (it is also a part of the law that has no “teeth”).
Contrary to what some people have said, the Supreme Court did not uphold the law; instead, it said “This opinion does not foreclose other preemption and constitutional challenges to the law as interpreted and applied after it goes into effect.” The Court merely paved the way for the lower courts to lift the injunction and allow Arizona to try to apply the law. If Arizona applies the law in an unconstitutional fashion, the law will be enjoined again.
For legal scholars, the most critical point is that the Supreme Court rejected the “mirror image” theory of preemption put forth by Kris Kobach as the legal underpinning of this kind of legislation. That theory was soundly rejected by 5 justices of the Supreme Court, including Chief Justice John Roberts.
(Prof. Margaret Stock is an adjunct faculty member in the Department of Political Science at the University of Alaska Anchorage and is currently a member of the American Bar Association Commission on Immigration)
As you know, President Obama – purely for crass political re-election reasons – recently flipped Congress the bird and unilaterally declared that his administration would no longer deport close to a million illegal immigrants under certain conditions.
As legal American citizens continue to struggle with sky-high unemployment.
Well, Rep. Ben Quayle of Arizona isn’t taking this end-run around Congress sitting down…and has introduced a bill to rescind President Obama’s order, as well as prevent him from doing any such thing again in the future.
For more information and to sign on as a supporter of Rep. Quayle’s effort, click here
One of my favorite writers Jay Nordlinger is in Taiwan. His Taiwan Journal is on part 10th You should read them all but all the 10 parts there was one bit that jumped out at me:
When I reflect on the development of Taiwan since 1945, or 1949, I can’t help thinking, “This is what China — all of China — could have had. This is what China could be, and even greater. Sure, they have something like mercantilism now. But they are still a one-party dictatorship with a gulag. And there are still countless people living in caves. It didn’t need to be, it didn’t need to be.”
How many years and lives has Communism gobbled and wasted, for almost a century now, throughout the globe!
And that’s true of every communist state. It’s not just the evil, it’s the waste. Where would Mainland China be if it was free and hadn’t slaughtered tens of millions. How far would the Russians have been if the USSR had not done the same? All of that was done in the interest of the few yet the same people who decry the 1% in America supported those who did the slaughter.
Campbell Brown in the New York Times does something that almost never happens in the paper, she hits Planned Parenthood. Not of course for their slaughter of children (that she supports but minimizes) but because of ideological purity to the point where they are a one party operation:
Once again, Planned Parenthood is potentially making an enemy of someone who has failed to pass its purity test. It’s gotten to the point where, in this election cycle, the group’s political arm (while proudly claiming to be nonpartisan) has not endorsed or directly given money to a single Republican. As a person who believes abortions should be safe, legal and rare, I support many of Planned Parenthood’s goals. But the militancy must go. Demanding a perfect record from candidates it supports has already left Planned Parenthood marginalized.
It’s the rare part that I continue to not understand from our pro-abortion side. If Abortion is not the killing of an innocent person who cares if it is rare or not?
Of course those killed are mostly of poor and of color, that seems to happen a lot when the right people are trying to look good, remember the ban on DDT:
Malaria rates began soaring worldwide, not only in Africa but in areas which a few years earlier had been malaria-free. Only a small number of nations with the financial ability to fund their own programs, such as Ecuador, Mexico, and South Africa, continued DDT use. In all cases, these countries remained healthy. (The Clinton administration demanded that Mexico give up DDT as a condition for NAFTA being put into effect. This was done, and malaria rates shot sky-high.)
Despite clear evidence as to the effects, international aid groups such as the World Health Organization and USAid ceased supporting DDT operations. By the mid-80s, malaria had reached and surpassed previous levels. Up to 500 million people were suffering attacks each year. Two to three million of them died as a result. Up to nine-tenths of the dead were children under five.
But why would one have outrage over lives of a bunch of African children compared to the feelings of a bunch of environmentalists who will never be in danger of this disease feeling good about themselves?
Speaking of outrage If you only read or see one piece about Operation fast and furious make sure it is this one by Bill Whittle:
To those liberals who say this is a tempest in a teapot, it’s just gottch ya politics just political posturing or simple racism. Let me just say this, we know who the real racists are here. You don’t give a damn about these dead people because they’re only Mexicans to you they’re certainly not worth politically hurting your messiah over. If these had been 300 graphic designers in San Francisco and a university president instead of friendless peasants and a law enforcement officer you would have dragged a Republican president out of the White House with torches and pitchforks and you would have been right to do so.
He tells the media: This is Watergate with 300 dead people on the ground.
He’s almost right, it’s actually Watergate as it would have been if the media of the time spent a year covering up for the president, with three hundred 300 dead people on the ground for good measure.
But hey it’s much more important to feel good about re-electing the first president of the United States to happen to have a black father.
Incidentally did you hear the latest about Mayor Cory Booker? Just a couple of months after saving a neighbor from a burning building he turns up at the scene of an accident to help out. He’s building quite a reputation and that not even counting what he’s done for his city as mayor of Newark.
Sometimes I think to myself how things would have been different If the media had vetted Obama and the public had rejected him instead of the left being swept away in 2008. Can you imagine the difference if say in 2020 Cory Booker had been the first Black President instead?
As I’ve said before there is a reason why Jackie Robinson and not Pumpsie Green broke the color line in baseball but what’s done is done and everyone, even a country deserves a mulligan.
Speaking of mulligans I wonder if the person who had the idea of the Obama Wedding Registry will be given one? It was so improbable that people were writing to Snoops.com to see if it was a hoax. I was at Tang Dynasty Restaurant a place that features not only excellent curry but free wi-fi when I saw it, my next stop was a Bakery where a couple getting married didn’t believe me when I told them this until I actually showed them the site.
The numbers of potential jokes from this are incalculable. Are we going to be seeing panhandlers who will produce IPADS asking you to donate to Obama instead of asking for a buck for coffee? Lemonade stands where kids give their money to Obama? Will they run Ads with poor starving children on the screen with people asking you to give generously to the president re-election campaign?
How do you parody this kind of thing?
Remember when Jon Huntsman was MSNBC’s first choice for the GOP nomination, well Dave Weigel reports he has now been made a distinguished fellow at the liberal Brookings Institute.
As Captain Renault once said, I’m shocked SHOCKED!
A little Kimberiln? Yesterday a judge in MD granted a temporary stay to the gag order on Aaron Worthing/Walker allowing him to write/blog about Brett Kimberlin. Less that 24 hours later he was swatted. He had interesting words for the police who showed up:
“I actually said, “let me guess, someone claimed I shot my wife…?” One officer confirmed it, and I said, “this is a hoax.” I think I even said the word “swatting.”
Congratulations Kimberlin dopes you now have given people an excuse to contact every congressman and woman who signed Saxby Chambliss’ letter for comment, AND every congressman who Didn’t sign the letter for comment and to ask if they want to sign it.
I’m the owner of a very old IPOD that I bought used 2 years or so ago. I use it exclusively for Dr. Who audios (and about 27 TV episodes) I’m down to my last 2 gigs or so out of my 80 gigsa few odd TV episodes. Back in my younger days I used to wonder how people had so much need for a 80 gig or a 200 gig iPod, I don’t any more.
Rockets are still falling on Israel regularly, it’s reached a point where it is only news to the MSM if the Israeli’ s shoot back and sometimes not even then.
I suspect once a Muslim Brotherhood ruled Egypt is aiding them it will become more interesting to the world.
As far as the media is concerned it will STILL be Israel’s fault then.
I’d like to close with a line I heard from a young lady that I was meeting with concerning doing sales for the radio show/blog. As anyone in sales knows for every “Yes” get comes at the cost of dozens to hundreds of “No”s. She was asked if she could deal with that. Her answer perfectly encapsulates where the Economy is today.
“I’m not a person whose discouraged by rejection I graduated in 2010 .“
I suspect that attitude is going to pay off for this generation in the long run
See you next week.
Thanks in large part to the work of Chairman Fred Upton (R-MI) and his Energy and Commerce Committee, the AARP was exposed through a series of hidden emails hiding their deep and central involvement in back rooms of the White House and DCCC in helping whip votes to pass the legislation, as well as allow the White House to direct their grassroots and advocacy campaign to their members to sell the bill. During this time, the AARP was ignoring their own members, who were voicing their opinion against the bill by a ratio of 14 to 1, while AARP was falsely portraying themselves as neutral in the debate.
Said Martin, “The sad and ugly truth is that the AARP sold out seniors for the almighty dollar. They stand to gain hundreds of millions of dollars from the health care law, and when their members called to say ‘NO’ to Obamacare by a ratio of 14 to 1, they ignored them and conspired with the White House to change the message.”
“Now AARP says they are on a ‘listening tour’ – but their chance to listen was two years ago, it’s too late now for them to pretend to care what seniors think. It is time for the AARP to come clean and tell seniors why they were doing the work of the White House and not seniors.”
“The AARP was THE reason this bill passed, without their political cover, the Democrats would never have mustered enough votes to pass this Frankenstein monster. Now they have to answer for their sins, for their betrayal of seniors, and muffling seniors’ voices during one of the most critical debates in our nation’s history. This stain of shame won’t be washed clean any time soon.”
The 60 Plus Association is a 20-year-old nonpartisan organization working for death tax repeal, saving Social Security and Medicare, affordable prescription drugs, lowering energy costs and other issues featuring a less government, less taxes approach as well as a strict adherence to the Constitution. 60 Plus calls on support from over 7.1 million activists. 60 Plus publishes a newsletter, SENIOR VOICE, and a Scorecard, bestowing awards on lawmakers of both parties who vote “pro-senior.” 60 Plus has been called, “an increasingly influential senior citizen’s group.”
h/t – Jeff Adams
Google I/O just kicked off at Moscone West in San Francisco, and it wasn’t long at all before Google’s Hugo Barra pulled the curtains back on the latest version of Google’s mobile operating system: Android 4.1 Jelly Bean.
The update was originally thought to be a major one (rumors at the time referred to it as Android 5.0), and it seems like a quite a treat for Android users despite the minor version bump. So what has Google brought to the table this time around? Let’s find out together — I’ll be updating as new information and features are revealed. More
While the political and chattering classes await the ruling on ObamaCare by the Supreme Court, the nation’s employers are watching, too.
In an article on CFO.com, Russ Banham points out that the core of the legislation is the individual mandate, which would bring 30 million currently uninsured people into the system as premium payers. These individuals are disproportionately young and healthy, so the influx would generate massive net new revenues for the insurance system. This windfall would fund the extra expenses driven by other parts of the legislation.
Throw out the individual mandate, and the network of insurers has to make up the difference. And you just know where that money is coming from.
Read more at CFO.com
Judge denies request to stop voter purge
TALLAHASSEE —U.S. District Judge Robert Hinkle on Wednesday denied a request by the U.S. Department of Justice to stop Florida from removing non-U.S. citizens from the voter rolls.
The Justice Department asked for a restraining order, claiming the removal of noncitizens violates a federal law prohibiting the systemic removal of noncitizens less than 90 days before a federal election.
But Hinkle said his reading of that law does not prevent the state from taking noncitiznes off the rolls.
Attorneys for secretary of state Ken Detzner told the judge that the federal government’s request was meaningless because the purging has stopped.
WASHINGTON — Last week, embattled Congresswoman Shelley Berkley who once was a co-sponsor of legislation that would transfer federal land in Lyon County to create jobs in Northern Nevada, sided with a radical environmental group and voted against the Yerington Land Conveyance and Sustainable Development Act.
This legislation would enable the City of Yerington and Nevada Copper to develop over 10,000 acres of land for the Nevada Copper Pumpkin Hollow project and it would yield nearly 800 new jobs.
Over three-quarters of the Silver State is owned by the federal government, yet when the far-left League of Conservation Voters told Berkley to oppose the legislation – because it would privatize public land – she quickly obliged.
As the Reno Gazette-Journal reports:
A bundle of 14 proposals that included transferring federal land to Yerington easily passed the U.S. House on Tuesday, giving a spark to Lyon County where the unemployment rate stands at 15.1 percent. The proposed land transfer is a major cog in the revitalization of the county’s copper mining industry. But on Tuesday, the measure also found itself in the middle of the Dean Heller vs. Shelley Berkley campaign for the U.S. Senate seat held by Heller. Although Berkley, D-Las Vegas, was a co-sponsor, she voted against the bundle that included the Yerington Land Conveyance and Sustainable Development Act. (Ray Hagar, Yerington land-transfer bill passes U.S. House; trouble in U.S. Senate looms, Reno Gazette-Journal, 06/19/12)
“The federal government owns over three-quarters of the land in Nevada and it’s remarkable that embattled Rep. Shelley Berkley took the advice of a radical environmental group and opposed the sale of a small parcel of land, which would create 800 new jobs,” said National Republican Senatorial Committee (NRSC) spokesman Jahan Wilcox. “With the unemployment rate at 15.1 percent in Lyon County, it’s clear Berkley would rather side with her liberal friends in Washington, than enact pro-growth, pro-jobs policies that will get the Silver State working again.”
Shelley Berkley Voted Against The Yerington Land Conveyance and Sustainable Development Act
Although Berkley, D-Las Vegas, was a co-sponsor, she voted against the bundle that included the Yerington Land Conveyance and Sustainable Development Act. (Ray Hagar, Yerington land-transfer bill passes U.S. House; trouble in U.S. Senate looms, Reno Gazette-Journal, 06/19/12)
Which Will Create Nearly 800 New Jobs In Lyon County
The [Yerington Land Conveyance & Sustainable Development Act] will create approximately 500 construction jobs by 2013. At full operation in 2015-2016, Pumpkin Hollow is expected to employ nearly 800 people directly. (Senator Dean Heller, Heller Applauds House Passage of Yerington Mining Bill, Press Release, 06/19/12)
Because The League Of Conservation Told Berkley To Vote No
Dear Representative [Berkley]: The League of Conservation Voters (LCV) works to turn environmental values into national priorities. Each year, LCV publishes the National Environmental Scorecard, which details the voting records of members of Congress on environmental legislation. The Scorecard is distributed to LCV members, concerned voters nationwide, and the media. LCV urges you to vote NO on H.R. 2578, the so-called Conservation and Economic Growth Act, an over-reaching assault on America’s lands and wildlife that blocks or rolls back conservation laws on federal lands, guts environmental review, and privatizes public lands. (League of Conservation Voters, Letter To Rep. Shelley Berkley, See Attachment, 06/18/12)
The League of Conservation Voters full letter:
This follows a series of reports that have been trickling out for months about a 7-inch Nexus tablet being developed with Asus. The tablet is slated to debut at the Google I/O conference that starts Wednesday. More
The Daily Capitalist -
The European Union will hold yet another do-or-die summit this week. On this occasion, “growth” is the plat du jour; the allegedly missing ingredient in the “plan” to save the euro. In addition, some suggest that this time is also “different” because Greece, France, Italy and Spain may now be ready to corner Germany to relax its sacrosanct fixation with austerity. This summit truly promises to be quite a gathering of beggars at a feast, no less
And here I’m breaking bread
With the upper crust!
Beggar at the feast!
Master of the dance!
Life is easy pickings
If you grab your chance.
Everywhere you go
Doing what is decent
But they’re mostly broke!
Singing to the Lord on Sundays
Praying for the gifts He’ll send.
But we’re the ones who take it
We’re the ones who make it in the end!
“Beggars at the Feast,” from Les Miserables