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BRIEF HAS BEEN FILED WITH THE NINTH CIRCUIT COURT OF APPEALS

by Sharon Rondeau

(Jul. 30, 2010) — The State of Arizona has filed an appeal to the Ninth Circuit Court of Appeals over the ruling handed down by federal judge Susan Bolton on Wednesday. Arizona is requesting an expedited appeal to be heard by September 13, 2010, which the Department of Justice has already opposed.

The judge’s ruling blocked “controversial” provisions of the bill from taking effect on July 29, 2010.

The constitutionality of the de facto president has been questioned by millions due to lack of proof that he meets the requirements set forth in Article II, Section 1, clause 5 of the U.S. Constitution, which raises the issue of whether or not the Department of Justice has the authority to sue Arizona. Recently a Republican Senator has voiced his support for lawsuits attempting to force Obama to prove that he is eligible to serve.

Some lawmakers have questioned the legality of other actions of the Obama regime.

Following the judge’s ruling on Wednesday, Arizona Governor Janice Brewer made the following statement, in part:

When I signed the bill on April 23rd, I said, SB 1070 – represents another tool for our state to use as we work to address a crisis we did not create and the federal government has actively refused to fix. The law protects all of us, every Arizona citizen and everyone here in our state lawfully. And, it does so while ensuring that the constitutional rights of ALL in Arizona are undiminished – holding fast to the diversity that has made Arizona so great.

I will battle all the way to the Supreme Court, if necessary, for the right to protect the citizens of Arizona. Meanwhile, I also know we still have work to do in confronting the fear-mongers, those dealing in hate and lies and economic boycotts that seek to do Arizona harm.

Judge Susan Bolton ruled that most of the provisions of the law should not be implemented. Bolton has reportedly received “some threats” as a result of her decision as well as supportive phone calls and emails.

Some of Bolton’s experience in dealing with immigration cases is detailed here. While the referenced article is entitled “Judge who ruled on Arizona law is well versed in immigration cases,” this writer takes exception to the evidence presented to support that contention.

One lawyer stated that Judge Bolton did not even have the authority to hear the case, citing Federalist No. 81, paragraph 13, and Article III, Section 2, clause 2 of the U.S. Constitution, which reads:

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

A recent report from the governor’s section of the Arizona government website indicates that illegals are frequently found by the Border Patrol on the Arizona side, some of them admitted gang members or who already have warrants out for their arrest. Some are in need of, and receive from the American taxpayer, medical care on the spot or at local hospitals. Many have been caught transporting drugs across the border.

The Southern Arizona Project Fiscal Year 2009 Fact Sheet reports that illegal immigrants impact the land by littering “layup” locations with trash, clothing, abandoned vehicles, and the creation of “unauthorized roads and trails.”

On July 22, Governor Brewer submitted a report to the U.S. House of Representatives Homeland Security Committee’s Subcommittee on Border, Maritime and Global Counterterrorism which stated that “The issues are not new and the federal government has neglected to solve them for over a decade or longer.”

The Tenth Amendment Center cites “Thirty Enumerated Powers” which were assigned to Congress in the Constitution. A comprehensive history of U.S. immigration law can be found here, including the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) passed by Congress and signed by President Bill Clinton wherein the number of Border Patrol agents was doubled and which “mandated the construction of fences at the most heavily trafficked areas of the U.S.-Mexico border.”

The Tenth Amendment to the U.S. Constitution states:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Photos of local television coverage of a protest staged yesterday in Phoenix, AZ regarding the implementation of the parts of the immigration law not blocked are here. Some protesters were reportedly arrested, and Maricopa County Sheriff Joe Arpaio was quoted as having said that “nothing in Bolton’s ruling prevented him from continuing his sweeps,” despite protesters “chaining themselves to the building.”

Some have compared the Rhode Island governor’s 2008 Executive Order regarding illegal immigration in his state to the Arizona law.

Regarding the federal lawsuit against Arizona, Ernest Huber, candidate for U.S. Congress from Washington State, stated, “The Obamunists are trying to misframe the issue to one of immigration, but it’s not immigration; it’s invasion.”