Jan Brewer, Russell Pearce, Tom Horne Lose (Again) on SB 1070, This Time On Harboring Provision
In the Arizona decision, the nation's highest court kicked to the curb three provisions of 1070 as being preempted by federal law. But it let stand section 2(b) --which requires cops to inquire after someone's immigration status following a stop under certain limited circumstances -- while allowing that the law could be challenged on other grounds after going into effect.
Remember when Pearce and others claimed 1070 was copacetic because all it did was "mirror" federal law?
Well, the Supreme Court has since held that -- faced with a comprehensive federal immigration scheme -- "even complementary state regulation is impermissible."
As a result, the Ninth Circuit, as well as other federal appeals courts, have found that, "the current federal scheme reserves prosecutorial power and thus discretion over harboring violations to federal prosecutors."
But Arizona's harboring law, unlike the federal harboring provision, does not provide an exception for "certain religious activities." So the law directly conflicts with the federal scheme.
Despite all this, what's the knee-jerk reaction of jerks Brewer and Horne?
Horne, according to local scribe Howie Fischer, has vowed to appeal.
Proving the old adage that you can tell a man from Harvard (where Horne got his degrees), but you cannot tell him much.
As for the guv, our x-ray tech-in-chief was appropriately confused.
"But what befuddles me is what do they expect our law enforcement officers to do?" Brewer asked rhetorically.
I dunno, Jan, maybe chase after some real criminals, like murderers, drug dealers, or criminally insane rapists like your son?
Sigh. So it goes in the Land Time Forgot, where brontosauruses forage among the cacti and pterodactyls haunt the night sky, outdoing each other with Jan Brewer impressions.
I should mention that though the Ninth's ruling "upheld" the District Court's preliminary injunction against the harboring provision, the effect, according to the ACLU's Dan Pochoda, is essentially that of a permanent injunction.
That is, unless our bumbling AG appeals and the Supreme Court overrules the Ninth.
Um, don't bet the double-wide on the latter.
So why my hellish admonition above toward Horne, Brewer, Coughlin (the guy who told Brewer to sign 1070), et al.?
'Cause these nudniks deserve some punishment for wasting money on 1070's hateful enterprise, this particular portion of which sought to put ministers and good Samaritans behind bars for giving undocumented parishioners and fellow children of god a place to sleep or ride to the supermarket.
Save for Pearce, they've all (so far) escaped earthly judgement for their sins, and likely will continue to do so. Though Horne's comeuppance may follow on the heels of the 2014 general election.
So, dearest Beelzebub, keep that whirlpool of hot lead fired up and waiting. And be careful, I hear Chuck Coughlin is gunning for your job.