December 8, 2007
Challenge to Arizona Employer Sanctions Law Dismissed (Without Prejudice)
Last summer, after comprehensive immigration reform failed in Congress, Arizona passed its own employer sanctions law. A federal judge late yesterday tossed out the lawsuit challenging Arizona's employer-sanctions law, setting the stage for a quick second round of legal action before Jan. 1, when the law is set to take effect. U.S. District Judge Neil Wake ruled that the business and Latino groups incorrectly sued the governor and the state attorney general but instead should have brought their complaint against the 15 county attorneys charged with enforcing the law. The judge also suggested that the lawsuit was premature because there is no evidence anyone has been harmed.
Expect a quick appeal with the Ninth Circuit! And, since the case was dismissed without prejudice, it can always be refiled with an amended complaint.
For a news story on the dismissal, click here.
For a copy of the order, Download 84_findings_of_fact_conclusion_of_law_and_order.pdf
December 8, 2007 | Permalink
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If the Ninth Circuit Court rules in their favor, this will no doubt go to the Supreme Court. As I see it, the state will win, with the Ninth Circuit identifying with the logic of the Oklahoma and Virginia rulings. The opponents of the bill are transparently arguing for the right of business to profit from the labor and commerce of illegal aliens, something that makes little sense to most Americans, and perhaps the Supreme Nine, and the ACLU can kiss its two million dollar ill gotten gains bestowed upon them by Judge Muley goodbye. The rulings in Arizona, Oklahoma and Virginia indicate that Munley's judgment on the Hazleton case was an isolated aberration, one that will ultimately be overturned. The plaintiffs never proved harm in the Hazleton case, only that there was a potential for harm. Judge Munley is looking more lonely in his position every day and probably regretting his poor decision.
Posted by: Publius | Dec 8, 2007 6:11:02 AM
The 9th Circuit Court only ruled on the AZ, law. It did not invole the laws of GA or OK.
Posted by: magyart | Dec 23, 2007 5:14:23 PM