SB 1070 Harboring Provision Won't Be Restored by U.S. Supreme Court

Categories: SB1070
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Jeff Kubina


The U.S. Supreme Court has declined to hear Arizona's appeal of a lower court's decision that blocked a provision of Senate Bill 1070.

Despite the high court's big 2012 ruling on SB 1070, several provisions of the law weren't at issue in that case, and the American Civil Liberties Union and others have since been fighting court battles involving those other provisions. In this case, the harboring provision of SB 1070 has been defeated.

See also:
-Arizona Loses (Again) on SB 1070, This Time On Harboring Provision
-ACLU Claims Sixth Constitutional Abuse Due to "Papers Please" Provision

A federal district court had issued the injunction against the provision, which was upheld by an appeals court in October, and now won't be an issue for the Supreme Court.

This particular portion of SB 1070 made it illegal under state law to "conceal, harbor or shield" undocumented immigrants, under certain conditions.

One of those conditions was that the person doing the harboring was doing it "in violation of a criminal offense." The lower court found that to be "unconstitutionally vague" and "unintelligible." (The appeals court opinion offered the English lesson: ". . . [O]ne cannot violate, or be in violation of, an action. One can only violate an object, such as a law or an agreement.")

Aside from SB 1070 co-author Russell Pearce's shortcomings with the English language, the lower courts also found that the provision conflicts with federal harboring laws.

Under 1070 "individuals could be prosecuted for conduct that Congress specifically sought to protect through [an] exemption," the appellate court's opinion stated.

As is the custom, the Supreme Court didn't offer any reason as to why it won't hear the case, it was just released among a list of other cases it won't be reviewing.

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27 comments
Diana Swens
Diana Swens

hell lets just open the gates and say come all

Carlos Galindo-Elvira
Carlos Galindo-Elvira

Denying this petition on Arizona v. Valle del Sol upholds the ruling by the 9th Circuit Court of Appeals. #justice

MaskedMagician1967
MaskedMagician1967 topcommenter

LMAO Pearce is a douche-nozzle and a perfect example of an Arizona education.

Angie Rivera
Angie Rivera

Good! We don't need more harmful laws. Now we need to get all the incumbents out of office on election day.

James Lee Hodgkins
James Lee Hodgkins

Racial profiling is wrong, this is good news for those in Arizona who care about civil liberties!

mrh0202201091
mrh0202201091

I heard that the "Gov was disappointed' by the Supreme Courts decision not to hear the  sb1070 provision again.And to that i say "Don't let the door hit you on the way out Gov,"Adios.

MaskedMagician1967
MaskedMagician1967 topcommenter

JAFfy must be bawling his eyes out after getting bitch-slapped again by the most conservative U.S. Supreme Court since William Howard Taft, the man who granted Arizona statehood in 1912....

MaskedMagician1967
MaskedMagician1967 topcommenter

Smart Justices on the U.S. Supreme Court. Now all they need to do is void the entire bullshit law known as BS 1070.

johnlancaster85035
johnlancaster85035

                         Finally we can hopefully begin to put an end to some of this madness.And begin a real discussion on solutions, Not something that is inhumane and ill-conceived.Based on Racism.

eric.nelson745
eric.nelson745 topcommenter

When I saw that clause in 1070, my reaction was WTF? I had no idea what they meant by that clumsy wording. AZ Legislature proofreaders really suck. But, of course, this development is hardly surprising since our august leaders only read at about a third-grade level.

DNichols
DNichols

Arizona needs a law against "Harboring" Racist Profiteering G.O.P. Nut Jobs in our Senate Building, Governors Office, and our State in general?!

WhoKnows
WhoKnows topcommenter

This bitch slapping of Arpaio and the other nut jobs in AZ is starting to get quite entertaining.  We know that Apaio does care a bit about violating the US Constitution, and the main cheerleader for taking away constitutional rights is that Cathi Herrod Klan!

teknik
teknik

anyone else notice the folks who call themselves "constitutional conservatives" tend to support unconstitutional laws?

shadeaux
shadeaux

There will be great sadness in the Pearce and Arpaio households tonight. They will visit their Klav............I mean Churches, and light a Cro............. I mean  candle

DNichols
DNichols

America can control our Borders, while still treating un-documented immigrants, and thier Families amoung us as "Human Beings."

No Country in the World should rip Mothers from thier babies, Citizen or not!

Hundreds of Thousands of Human Biengs should not be robbed by Sheriffs, then deported/dumped in the harsh desert at the U.S. Mexico Border into a known "Drug War" with nothing, not even water to be kiled, or to die of the harsh elements!

Over 40,000 Humans now lay dead at the I.C.E. Dumping Grounds.

No Country in the World should incarcerate tens of thousands of "Human Biengs" for years with out even charges.

Adolph Hitler would be very proud of America's I.C.E. Deportation/Incarceration  programs which have crashed America's economy, and caused a resurgence of racism, and hate accross our Nation.

This is our I.C.E.'d Economy, and I.C.E. "Put the Car in the Ditch."

The "Great Recession" was a direct result of Deportation/Incarcerations of America's hardest, most devoted workers and thier vacated dwellings,, and started January 2008 at the exact same time!

"America is great because it is good, when it ceases to be good, it ceases to be great."

Alex De tocqueville

To: Good?!

car_del99
car_del99

@mrh0202201091  "Gov was disappointed' She should be used by now, She has been bitch slapped on all cases...

mrh0202201091
mrh0202201091

                    PS   THANKS FOR EVERYTHING!

WhoKnows
WhoKnows topcommenter

@mrh0202201091  The Brewski doesn't have a great record with winning any appeals she take to court after being found wrong.  It's just as bad as the Clown Sheriff winning on appeal!

danzigsdaddy
danzigsdaddy topcommenter

@MaskedMagician1967  never happen. you have to be aware of the world around you and what is really happening for it to bother you. he's oblivious. they say even a broken clock is right twice a day...................JAFfy is always wrong 

, so a broken clock is right more than he is

WhoKnows
WhoKnows topcommenter

@DNichols  Cathi Herrod and CAP would all be jailed for life on multiple charges!

valleynative
valleynative topcommenter

@teknik  

Ever notice how some people lump everybody who disagrees with them into one group, and then complain when they behave inconsistently?

Besides, in this case, the intent wasn't unconstitutional, just the amateurish wording of the bill.

 

DNichols
DNichols

@Shadeaux

Arizona needs a law against our Politicians, and Law Enforcement  cohorting with Racist Hate Groups, especially ones like Neo Nazi's listed as home grown terrorists?!

.

mrh0202201091
mrh0202201091

@WhoKnows @mrh0202201091  Right!!!....I'll be happy if 'She can just win at being a Human being.'

MaskedMagician1967
MaskedMagician1967 topcommenter

Zigs, I know JAFfy supported BS1070. Hence my comment.

Yes a broken clock is right more than JAFfy is.....

danzigsdaddy
danzigsdaddy topcommenter

To the first part of your question...................yes. to the second part of your post..........again, yes. Laws are being written so vague, nobody is really certain about them

car_del99
car_del99

@MaskedMagician1967  JAFFY  seems to know ( or so , he thinks ) more about the constitution than the Supremes.

He thinks he's a judge, but cleans toilets as a hobby..


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