Jan Brewer, Russell Pearce, Tom Horne Lose (Again) on SB 1070, This Time On Harboring Provision

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Governor Jan Brewer, recalled redneck pol Russell Pearce, Brewer's "brain" Chuck Coughlin, and Attorney General Tom "Hit-and-Run" Horne best hope and pray there is no afterlife.

Because if there is, I virtually can assure them that they, along with their pal Sheriff Joe, will boil in a hot tub of molten lava for their futile, money-sucking, Tea Party-pandering support of Senate Bill 1070, which has suffered yet another defeat in federal court.

On Tuesday a panel of the Ninth U.S. Circuit Court of Appeals ruled that the harboring provision of 1070 was so badly written as to be "unconstitutionally vague" and "nonsensical."

Which isn't surprising, considering that Brewer has the functioning IQ of a tadpole and Pearce, 1070's hateful "author," is borderline illiterate to judge from the man's near-incomprehensible emails and incoherent oratory.

Read the Ninth Circuit's decision on SB 1070's draconian and poorly-written harboring provision.

The Ninth's opinion, written by Judge Richard Paez, reads, in part, that,

"Section 13-2929 states that `[i]t is unlawful for a person who is in violation of a criminal offense' to knowingly or recklessly transport, conceal, harbor, or shield an unauthorized alien. We conclude that the phrase `in violation of a criminal offense' is unintelligible and therefore the statute is void for vagueness."

See Also: March for Immigration Reform in Downtown Phoenix, 10/5/13 (Slideshow)

Paez cites the Oxford U.S. English Dictionary, which defines "offense" as a "breach of a law or rule," and Black's Law Dictionary, which defines "offense" as "a violation of the law."

The jurist continues:

"In sum, an offense is an action...And one cannot violate, or be in violation of, an action...`In violation of an offense,' an element of § 13-2929, thus translates to "in violation of a violation of the law,' which is, of course, nonsensical."

How pathetic that Paez is called upon to explain the English language to Her Highness Jan "We Have Did" Brewer and the passel of hillbillies that make up our state's legislature.

The appellants' lawyers tried to save the day, arguing that the Ninth Circuit "should interpret the statute as they suggest because...that would save the statute."

To which, Paez sniffs, "Rewriting the statute is a job for the Arizona legislature, if it is so inclined, and not for this court."

All three judges on the Ninth's panel agree that the harboring provision is "void for vagueness." But even if they were to let that slide, two of the judges conclude that the harboring provision is, in any case, preempted by federal immigration law.

Crikey, didn't the appellants bother to read the U.S. Supreme Court's decision in Arizona v. United States, wherein the court ruled that federal immigration law is paramount and the states cannot go around concocting their own immigration schemes?

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28 comments
IdontRecall
IdontRecall

More like d THREE STOOGES, and entertaining as well.... although, these stooges r a trio of loosers of d same kind and 2 make things worse, all of them are alleged criminals: GLOOH GLOOH JAN, seems that she used her immunity 2 avoid getting a dwi ticket...Elmer horny toad, was involved in an alleged hit and run, witnessed by 2 FBI agents and he just got d standard procedure: a slap on d wrist......and TWOTIMES Russel, with a long rap sheet, but mainly an alleged wife beater, whose ass was handed 2 him twice BY HIS OWN CONSTITUENTS. THAT'S PATHETIC. 

azwi
azwi

Those a three hate mongering bigoted racist. All three with their Sec of State Ken Bennett are unfit to hold office  

Roger Morris
Roger Morris

You know when the lunatics are running your state when the 9th Circuit Courts challenges the literacy of a States AG and the fact that they actually read it aloud and really believed what they had written in legal type. Recorded it with courts with our money. That's what happens when you are ranked 47th in education.

john043012
john043012 topcommenter

So what , listening to the activists at yesterdays rally in Washington another 4oo thousand illegals have been deported this year. Although mixed messages are being sent out by the Obama administration like allowing illegals to demonstrate yesterday at the mall (even though its closed) and turning away vets and citizens form our memorials I.C.E. is doing what we are paying them to do ,, record breaking deportations for the last 4 years

shadeaux14
shadeaux14

AWWWWWWWWW,

I'll bet there will be tear stains on their pointy hats and white robes over this one.

justtryingtohelp
justtryingtohelp

If you guys really cared about our illegal aliens, you'd be doing what I do, telling them all about the fabulous benefit packages that California has waiting for them. California wants our illegals very badly and I'm happy to help put the two parties together for their mutual benefit.

jonnyquest
jonnyquest topcommenter

If only we could void politicians for vagueness.

dennis20
dennis20 topcommenter

Remember that Brewer vowed to not use tax dollars to fight for 1070. She started raising money to pay for the legal bills once it was challenged and the local mainstream media kissed her ass for doing it.  Have we ever received the financial reports on what money was actually used? 

Today, her JANPAC is raising mega dollars.  If she wants to keep fighting this,  the so called fiscally conservative republicans should stop being hypocrites and speak up. 


MaskedMagician1967
MaskedMagician1967 topcommenter

Why the 9th didn't just void BS 1070 in light of Judge Snow's ruling in Melendres is surprising.

BS1070 is as I describe, bullshit!

DNichols
DNichols

"Unconstituionally vague, and nonsensical"

This pretty much sums up Arizona's whacko Nazi hugging G.O.P. band that currently runs our State.

WhoKnows
WhoKnows topcommenter

@john043012 I bet you LOVE that when the GOP shutdown the government, one of the things that was shut down was E-Verify.  The ultra right is now making it EASY for illegals to get jobs!

DNichols
DNichols

For the Record:

January 2008 began the stsrt of the Hitler esque I.C.E. Deportation, and Incarceration Programs.

This was also the start of "The Worst Recession since the Great Depression."

This is our I.C.E.'d Economy.

I.C.E. "Put the Car in the Ditch." where it still lies stuck in this Ethnic Cleaansing Campaign.

Since January 2008:

Over One Hundred have died in I.C.E. Custody.

Over Thirteen Thousand have been Incarcerated for Years with out Charges.

Over Five Thousand Legal Citizen Children of Deported Parents are now in U.S. Foster Care.

Over Forty-two Thousand Human Beings now lay Dead at the Harsh U.S. Mexico Border /I.C.E. Dumping Grounds where Hundreds of THousands have been Dumped into a known Drug War with nothing, not even water to be Killed, or to Die of the Harsh Elements in the Desert.

Adolp Hitler would be very proud of each and every I.C.E. Bastard involved!

Shame on America to stand by and allow this Attrosity in our Homeland

Lets go fight Wars for Countries that Hate us while we treat Mothers, and Fathers of our own Citizen Children as less than Dogs!

Be Proud America.!

To: Good, and Brotherhood from Sea to shining Sea.

eric.nelson745
eric.nelson745 topcommenter

@john043012 Why are you so critical of Obama when he's doing your bidding by deporting more illegals than Dubya ever dreamed of doing?

DNichols
DNichols

@Shadeaux14

Hope they don't cry hard enough to put out thier burning cross.

That would be embarrassing for the G.O.P.

IdontRecall
IdontRecall

@justtryingtohelp, i bet that ur relatives and john's r already there, probably scaming those u call "illegals", promising them those fabulous packages. BTW what does those packages consists of.....could it b fake paperwork allowing them 2 get benefits, driver's licenses, BCs,...? It's very suspiscious that u r "justtryiyngtohelp". I KNOW WHAT U MIGHT B TRYING 2 DO.

john043012
john043012 topcommenter

@justtryingtohelp I cannot see any reason why the illegals would put themselves in harms way every day by living in Arizona when California wants them.

john043012
john043012 topcommenter

@DNichols Its the Feds who are deporting the illegals at a record pace I think over 400 thousand this year alone

john043012
john043012 topcommenter

@DNichols Typical liberal rant ,blame America first. And by the way Lemmons and his ilk of which I am sure your one of them are always telling anyone who will listen punishing illegal immigrants is only to be done by the feds they are the only ones to enforce illegal immigration laws well I.C.E is a federal agency, deal with it.

ConcernedCitizenAZ
ConcernedCitizenAZ topcommenter

@royalphoenix @truthseekeraz This award-winning documentary sums it up.

"THE HOUSE I LIVE IN"  Official Trailer #1 (2012) Sundance Award-winning Documentary by Edward Jarecki, filmmaker - YouTube  
It should be a civic duty for ALL people to watch 4 decades of failed policy, where we are today and where we're headed -- unless the people speak up nothing will change. The "old school" (which AG Horne, MCAO Montgomery represent) has destroyed many families and innocent lives. 
Time for "smart on crime". The taxpayers have been conned and bilked long enough. The elected officials and lawmakers have put their own constituents and the taxpayers at risk for harm, using the taxpayers' $$$'s to do it. 
http://www.youtube.com/watch?v=a0atL1HSwi8

IdontRecall
IdontRecall

@john043012, damn dude, fucking feds eh!!!......i can not fucking understand why r they deporting all those "illegals", can u understand? IMO, that's the CLOWN SHURF'S job, he's probably loosing lots of money; wouldn't u agree johny boi. HA HA HA HA HA. BTW, how's GIN JAN GLOOH GLOOH BREWSKY doing?

john043012
john043012 topcommenter

@Flyer9753 I,C,E hasn't been furloughed nor has the border patrol , e-verify is a computer generated service, businesses can still log on 83% of our government is still  working

Flyer9753
Flyer9753 topcommenter

@john043012 @WhoKnows 

What's the matter Johnny?? Why aren't you complaining about how your party is allowing all these illegals in now that the they closed the govt. and how now all those illegals, that were were deporting faster than your party ever did, can now take all our jobs since YOUR party shut down the govt. Truth hurts huh...

Hypocrite much Johnny??? (rhetorical questions, we already know you are)


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