Saturday, October 22, 2011
From the Associated Press:
The dismissal by U.S. District Judge Susan Bolton comes in a counter-lawsuit filed by Brewer as part of the Justice Department's challenge to Arizona's controversial immigration enforcement law.
The Republican governor was seeking a court order that would require the federal government to take extra steps, such as more border fencing, to protect Arizona until the border is controlled.
Bolton said Brewer's claim that Washington has failed to protect Arizona from an "invasion" of illegal immigrants was a political question that isn't appropriate for the court to decide.
The judge also barred some of Brewer's claims because the issues were dealt with in a 1994 case by Arizona and can't be litigated again. Court precedent also requires the dismissal of some claims, Bolton wrote.
"While Arizona may disagree with the established enforcement priorities, Arizona's allegations do not give rise to a claim that the counter-defendants (the federal government) have abdicated their statutory responsibilities," Bolton wrote. Read more...