Get ready for a long and bumpy ride.
After the ruling by Judge Susan Bolton to block Arizona from enforcing sections of the state’s new anti-illegal immigration law, the decision is going to be appealed by all parties involved. That appeal will send the issue to San Francisco and the Ninth Circuit, one of the leading liberal and often ridiculously politically correct, circuits in the nation. That court’s ruling is a forgone conclusion. They will undoubtedly side with their political allegiances to the liberal establishment of the Democrat party.
But the Ninth Circuit is also the most overturned circuit in the nation. Many of their rulings are normally deemed to have been made on improper judicial interpretations. So it is likely that their ruling will be overturned the same way many of their rulings have been before.
No matter how the Ninth Circuit decides though, that decision will also be appealed, and ultimately send the Arizona anti-illegal immigration law to the Supreme Court.
While most of the Arizona law remains in effect, Judge Bolton placed an injunction on sections of the bill which block police from determining immigration status, from requiring that people have their immigration papers on them, and blocks the section of the law that prohibits illegal immigrants from employment in the state.
These are the most controversial aspects of the law and they are also the most significantly effective parts of the law.
There is a great deal of legitimate argument to be heard from both sides on these injunctions. But there is still opportunity for the courts to deny hearing these arguments. First, Judge Bolton must accept a motion to reconsider her decision. If that is done, attempts to take the ruling to the Ninth Circuit are based on if and how she reconsiders her decision. Then and only then will the higher appeal court even consider hearing the appeal.
Fortunately though, even if the Arizona law does not get a proper hearing in this particular case, there are hundreds of separate law suits based upon the law that will eventually allow this to be taken to the Supreme Court. And that does not include the possible suits that may occur as a result of many other states who want to adopt laws similiar to Arizona and exist in different regions of the nation and under the jurisdiction of other circuit courts.
Ironically it should be understood that the federal government has not helped their case, at least in the area of the injunction which blocks the section of the law which would have police determine immigration status. They have recently expanded a program to have local police identify illegal immigrants using fingerprints from arrests and then informing the feds of any illegal immigration status involved.
This would contradict the Justice Department’s claim that Arizona can’t allow its law enforcement officers to do the same thing. The differece here is that the Arizona law may not be able to allow police to question ones immigration status until a suspect is placed under arrest.
No matter what, Judge Bolton’s ruling was actually a large blow to the political survival of Democrats come November.
By keeping this issue alive through the need for further challenges to the ruling, this heated issue will remain a top issue in the coming months of the midterm elections. It is an issue that is surely going to intensify the energy level of an already motivated anti-liberal electorate. This will not help Democrats, especially in the districts of their most marginal House members. At a time when the G.O.P.’s chances of taking control of the House are at 50% or better. Democrats need every edge possible. Unfortunately for them, this ruling could push many Democrats over that edge.