As the day progresses and people get time to read the decision, I’m sure the spin will really kick into high-RPM mode. For now, here’s the lowdown:
But for now, opponents of the law have prevailed: The provisions that angered opponents will not take effect, including sections that required officers to check a person’s immigration status while enforcing other laws.
The judge also delayed parts of the law that required immigrants to carry their papers at all times, and made it illegal for undocumented workers to solicit employment in public places — a move aimed at day laborers. In addition, the judge blocked officers from making warrantless arrests of suspected illegal immigrants.
In her decision, Judge Susan Bolton writes:
Arizona goes on to state, “[T]he Arizona Legislature could not have intended to compel Arizona’s law enforcement officers to determine and verify the immigration status of every single person arrested – even for United States citizens and when there is absolutely no reason to believe the person is unlawfully present in the country.” (Id.)
Basically Bolton is saying that the law would require the check of citizenship on every person arrested, not just those who “might” be illegals. It doesn’t matter if you just came over the border yesterday, or your great-great-great grandparents did and became citizens. This law has racial profiling in it – period.
And before the right starts their cries of “activist judges” (too late – Limbaugh already is), Bolton was heavily recommended by John Kyl back in 2000:
Well, there is one person in our state who’s a real expert on this in the judiciary, and that’s Judge Bolton. And because of her expertise and fairness, all of the contending interests from Arizona have been willing to place their concerns before her to be resolved, and she is right in the middle of this important litigation right now. They will be very sorry to see her leave in Maricopa County Superior Court bench. So, I have some mixed emotions in helping to nominate or to confirm Judge Bolton, but that’s how highly thought of she is.
Well the “real expert” made her decision and the right should abide by it, but I’m not holding my breath.