I would like to say there is no news, but sorry, that isn’t true. Sorry this is late going up. Enjoy.
67 Thoughts to “Open Thread 5/13/2010”
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Blogroll
- 9500Liberty
- Bacons' Rebellion Blogspot
- Bearing Drift
- Blue Virginia
- Citizen Tom
- Counts of Monte Cristo. The
- Derecho, The
- Dixie Pig, The
- My Side of the Fence
- My Star Journey
- NARAL Pro-Choice VA Blog
- New Dominion Project
- Nova Common Sense
- NovaTownHall Blog
- One Libertarians's Point of View by Al Alborn
- Pete Candland's Blog
- Potomac Local
- Prince William Muckraker
- PW Conservation Alliance
- PWC Moms
- PWCPolitics.com
- PWCPolitics.com
- Red NoVA
- Shad Plank, The
- She the People
- State of NoVA, the
- The Jeffersoniad
- Townhall
- VEA Daily Reports
- VivianPaige
- WDGolden.com
- You, Me and the Lamp Post
You mean like how well it worked out in PWC?
Besides…
Updated April 29, 2010
Texas Gov: Arizona Immigration Law ‘Not Right’ for Texas
Associated Press
Gov. Rick Perry said in a statement: “I have concerns with portions of the law passed in Arizona and believe it would not be the right direction for Texas.”
http://www.foxnews.com/politics/2010/04/29/texas-governor-arizona-immigration-law-right-texas/
Like I said,
After the results are in, other states will make a decision.
So, tell me again, what part of illegal is incorrect? Shouldn’t local law enforcement ENFORCE the law? Local LEO’s have to enforce all the OTHER federal laws……why not these?
Ah, no, local law enforcement does not enforce federal law – tax law, for example (thankfully). When was the last time a local cop pulled you over and asked you for your 1040?
They enforce other federal criminal laws. Why not this one? And the local cops will come arrest you if asked by the IRS.
I took a little bit of time last night and looked into the possible legal arguments challenging the Arizona law. The 4th & 5th Amendment claims don’t appear to hold much water and I don’t think they would be the basis for a challenge to the law.
The Arizona law will probably be challenged as violating Plyler v. Doe which struck down a Texas law in the early 80s barring the children of illegal aliens from public schools. The Supreme Court established an intermediate scrutiny standard and said that in the case of schoolchildren, since they had no say in their actions, the state had not reached that level. According to Wikipedia, intermediate scrutiny means: In order to overcome the intermediate scrutiny test, it must be shown that the law or policy being challenged furthers an important government interest in a way that is substantially related to that interest.
That leaves a mountain of question marks about how this law may play out in the courts. Obviously the Ninth Circuit Court will strike it down as unconstitutional, like they did Prop 187. But Prop 187 was never appealed to the Supreme Court because of the election of a new governor who decided not to appeal it. Supporters of the Arizona law will no doubt argue that adult illegal aliens are much different than schoolchildren and that the state has a reasonable interest in curtailing illegal activity associated with human trafficking such as identity theft, smuggling and damage and threats to ranches along the border.
Opponents of the law will undoubtedly site the Ninth Circuit Court when it struck down Prop 187 said it was a usurpation of the Federal government’s exclusive right to enforce immigration. (That premise will be the key to any appeal to the Supreme Court.)
The part that is so funny is that all of this is ultimately going to come down to a 5-4 Supreme Court decision, and this whole issue rests on what Justice Kennedy thinks on the subject. (Since the other 8 Justices can be reasonably predicted. Also, there is a small risk of it being an 8 Justice ruling depending on what role if any Kegan has had in reviewing the law as Solicitor General. I would assume none, but you never know.)
So in short, I think both sides can make very reasonable arguments for and against the constitutionality of the Arizona law. It doesn’t appear to be a slam dunk for either side and it really doesn’t matter what any of us think. It matters what Justice Kennedy thinks about it.
Honestly, I’m too old and been disappointed too many times to start
this again – and it is months before the ailment is suppose to arrive,
but the signs were there last night – staying up too late and major
mood swings — Pennant Fever. The Washington Nationals – our Nats –
are playing like a real major league contender. They are imperfect and
bumps will come in a long season but they are a game out of first in
the NL East and well … hope.
Baseball is truly America’s game. Having spent most of my youthful summers
with relatives in and around Jackson, Tenn., I became an avid St. Louis
Cardinal fan and Bob Gibson’s mastery of the Yankees in 1964 was a
dream come true. Back home in Atlanta, the Braves arrived and my
pals and I all wanted to be Hank Aaron. And this was in the red hot fire
of segregation the South – but dozens of Afro-Americans playing
“our” game with skill, pride and grace had a huge positive impact on us.
And now, with Livian Hernandez and Ivan Rodriguez playing major roles,
OUR Nats may, just may, be starting a very special season
The only color that matters is Washington National Red and the only
language that matters is winning baseball!
A Field of Dreams? A wonderous place to be through October.
Hey, if the Saints can win the Super Bowl, Washington can win the World Series….
38 murders in Alaska!!!!
Where are the illegals coming from up there?
-“The government’s main function these days is writing checks to old people.
These checks allow people to retire and pursue avocations such as going
to Tea Party rallies….If the Tea Party ‘Patriots’ ever developed a coherent
platform or agenda, they would lose half their supporters.”
– The new grassroots push back to hooking -up. ” Now girls have had enough.
We’re sunk pretty low, culturally speaking, when we’re left it to 14 and 15
year old girls of the nation to make one of the last, great stands for human
dignity. But they’re making it, by God.”
– “Two-thirds of all households today consist of single, childless couples
or empty nesters, and that proportion will rise over the next twenty
years. All of these groups tend to prefer walkable urban housing….
based on current supply and shifting demand, the nation may have a
surplus of 22 million large-lot single-family houses in 2025.”
From articles in the June 2010 Atlantic
FUNNY STORY…sorta, if you were not one of the characters. Peruvian friend of mine here in the US legally and married to a US citizen decided to return to Peru this summer to visit family after 10 years. Many months ago she went to the Peruvian embassy to update her passport (she’s a LPR). She brought her SSN card, marriage certificate, her expired Peruvian passport (with married name), LPR documentation, VA drivers license, tax returns etc. She filled out numerous forms and signed them with her married name which is what is on her tax forms, SSN card, license, LPR documentation and plane tickets. 54 days later she arrived at the Peruvian embassy where they handed her a passport and visa in her madien name. Friend questioned why her old passport had her married name and new passport had her maiden name. She was informed by embassy officials that Peru enacted new rules that only acknowledge marriages held in Peru, and under the new rules she was considered single, and her documents must show her maiden name. (She’s been married for 24 years btw). Well she could not travel to Peru or leave Peru with documentation that showed her as two different people. So this week, she and her US citizen husband had to go to the Peruvian embassy and be married there. And now she has to wait another 30 days for a new passport to be issued in her “new” married name.
Absurd situation.
http://www.cnn.com/2010/US/05/14/georgia.student.immigration/index.html?hpt=T2
anyone see this one getting ugly?
@punchak
They are coming from Canada.
What’s going on over in the shining city on the hill, Poor Richard or Cindy?
The 7-11 at Mathis & Liberia Aves. had a couple of scores of day laborers this morning. I was quite surprised to see this in the city limits. They’ve seemed to have had control on this type of activity over the past few years.
Interesting poll data here. note how opposed most Americans are to the whole “anchor children” interpretation of the 14th Amendment.
http://www.rasmussenreports.com/public_content/politics/mood_of_america/mood_of_america_archive/trust_on_issues/trust_on_issues_tables/views_on_immigration_issues_by_state
I’m sorry, that’s a 2006 poll. I didn’t notice. If I could delete the above post, I would.
Bad news for those who oppose the Arizona law. 55% of Americans approve of it already; when asked about the contents of the law (as opposed to the advertising campaign against it) it goes up to 69%.
And, even already, 55% of Americans want such a law in their state.
http://www.rasmussenreports.com/public_content/politics/current_events/immigration/55_favor_immigration_law_like_arizona_s_for_their_state
I’m going to sip a nice cold Arizona Iced Tea and enjoy the show … the issue both parties swept under the rug is biting them.