Gavel Grab

Search results

Arizona Appeals Immigration Ruling to Supreme Court

Arizona Gov. Jan Brewer has asked the Supreme Court to lift an injunction that halted the most controversial sections of her state’s new immigration law from taking effect.

Brewer seeks a ruling that could free Arizona and other states to invoke aggressive enforcement against illegal immigrants, according to a Los Angeles Times article.  “Arizona bears the brunt of the problems caused by illegal immigration [and] is the gateway to nearly half of the nation’s illegal border crossings,”  former Solicitor General Paul Clement said on behalf of Arizona.

U.S. District Judge Susan Bolton put on hold in July 2010 sections of the Arizona law that call for police to check an individual’s immigration status while enforcing other laws and that require immigrants to carry their legal papers all of the time (see Gavel Grab). In April, a panel of the Ninth U.S. Circuit Court of Appeals agreed with Judge Bolton. Read more

Facebooktwitterlinkedintumblrmail No comments

AZ Plans Immigration Appeal to High Court

Arizona will ask the Supreme Court to lift an injunction that enjoined the most controversial sections of the state’s new immigration law from taking effect, Gov. Jan Brewer (photo) announced Monday.

“The decision of the 9th Circuit Court of Appeals to uphold the suspension of key provisions of Senate Bill 1070 does harm to the safety and well-being of all Arizonans, who suffer the negative effects of illegal immigration,” Brewer said, according to an Arizona Republic article.

“So instead of appealing to the larger, en banc panel of the 9th Circuit Court, my legal team will soon file an immediate petition with the (United States) Supreme Court to lift the injunction of Senate Bill 1070.” An earlier ruling, upholding the injunction, came from a three-judge panel of the Ninth Circuit.

To learn about U.S. District Judge Susan Bolton’s ruling and injunction last year, check out Gavel Grab. She received hate mail and death threats after issuing her decision.

Facebooktwitterlinkedintumblrmail No comments

Monday Gavel Grab Briefs

In these other dispatches about fair and impartial courts:

  • A panel of the Ninth U.S. Circuit Court of Appeals upheld U.S. District Judge Susan Bolton’s ruling last year that enjoined the most controversial sections of Arizona’s new immigration law from taking effect, according to a Los Angeles Times article. To learn about her ruling, see Gavel Grab.
  • Former Judge Michael Toole of Luzerne County, Pa. was sentenced to 30 months in prison for his guilty plea to corruption and tax-related charges, according to a Wilkes-Barre Times Leader article. For background on his case, see Gavel Grab.
  • Iowa Supreme Court Justice Tom Waterman, newly appointed to the court, used a panel discussion to defend Iowa’s merit system of selecting judges. He was critical of judicial selection in neighboring Illinois, where state Supreme Court justices are elected, according to a Quad-City Times article. Justice Waterman said, “Across the river, millions of dollars are poured into races and lawyers and judges are making promises.”
  • A judicial selection reform plan floated by retired Michigan Supreme Court Justice Elizabeth Weaver should be put “on the front burner” for discussion by lawmakers, said an editorial in the Livingston (Mich.) Daily.
Facebooktwitterlinkedintumblrmail No comments

House Resolution Would Condemn Judge Walker

The latest attack against federal Judge Vaughn R. Walker (photo at right) comes in a symbolic resolution inviting members of the House of Representatives to condemn the jurist.

The resolution by Rep. Lamar Smith, R-Texas, follows Judge Walker’s ruling that declared the voter-approved Proposition 8 ban on same-sex marriages unconstitutional (see Gavel Grab). Smith’s resolution states:

“(1) Chief United States District Judge Vaughn R. Walker failed to conduct himself in an impartial manner before striking down California’s popularly enacted Proposition 8 and thereby redefined traditional marriage to include same-sex relationships; and (2) Chief United States District Judge Vaughn R. Walker’s decision to strike down California’s popularly enacted Proposition 8 is wrong and should be appealed.”

But the issue has not snagged the attention of the House Republican leadership, according to an article in Politico. The Family Research Council, meanwhile, praised Smith’s resolution in a press statement. Read more

Facebooktwitterlinkedintumblrmail No comments

Controversial Judge: 'Unhinged' or 'Impeccable'?

Federal District Judge Susan Bolton (photo at right) came under withering criticism from some foes for her ruling that enjoined the most controversial sections of Arizona’s new immigration law from taking effect (see Gavel Grab).

In Human Events, Ben Shapiro assailed her as “Example No. 1A in the pantheon of judicial activism” and added:

“Not only did she decide to purposefully misread Arizona’s immigration law, she also willfully blinded herself to basic fact.  Her ruling today was utterly unhinged and untethered from reality.”

A Washington Times editorial took a similar tack, saying, “Judge Bolton’s judicial activism is out of step with the law, out of step with politics and out of step with the good of the country.”

Republican J.D. Hayworth, running against Sen. John McCain for the GOP Senate nomination, said the judge had “gutted” the law. He went on, “The vast majority of Americans and Arizonans want this law implemented and the judge’s action simply circumvents the people’s will,” CBS News reported.

An article in the Wall Street Journal, however, stated that Judge Bolton “based her findings on court precedents that support federal pre-emption of state laws found to conflict with or infringe upon federal authority.”

And although Republican Sen. Jon Kyl of Arizona said yesterday he was disappointed by Judge Bolton’s ruling, she was nominated by President Bill Clinton upon Kyl’s recommendation, according to the ThinkProgress blog. Kyl reportedly testified about her “expertise and fairness.”

Superior Court Judge Bethany Hicks told the Arizona Republic about Judge Bolton, “Everything she does is impeccable.” Judge Hicks said,  “That’s kind of her nickname. We call her ‘Impeccable’ because that’s how she is,” according to a CBS News blog post.

Facebooktwitterlinkedintumblrmail No comments

Judge Blocks Key Parts of AZ Immigration Law

A federal judge has enjoined the most controversial sections of Arizona’s new immigration law from taking effect.

With the law scheduled to take effect Thursday, Judge Susan Bolton put on hold sections of it that call for police to check an individual’s immigration status while enforcing other laws and that require immigrants to carry their legal papers all of the time, according to a New York Times article.

“Preserving the status quo through a preliminary injunction is less harmful than allowing state laws that are likely pre-empted by federal law to be enforced,” Judge Bolton said. Her opinion is available here (with thanks to The Blog of Legal Times). The judge added:

“There is a substantial likelihood that officers will wrongfully arrest legal resident aliens. By enforcing this statute, Arizona would impose a ‘distinct, unusual and extraordinary’ burden on legal resident aliens that only the federal government has the authority to impose.” Read more

Facebooktwitterlinkedintumblrmail 4 comments

Supreme Court Accepts Two More Contentious Cases

The Supreme Court has agreed to consider this term two cases that could be highly controversial no matter how the court ultimately rules.

On Monday, the court said it will hear a case about whether Arizona may impose restrictive anti-immigration measures, according to a New York Times article. Last year, a federal judge issued an injunction that halted the most controversial sections of the law from taking effect (see Gavel Grab).

On Friday, the court waded into a separate legal scuffle, agreeing to take up a dispute over which of two dueling redistrict maps should be used in Texas, one drawn by state legislators and another drawn by a federal court. “Texas Elections are in Limbo Over Redistricting Issue,” a New York Times headline declared.

In the Arizona case, Supreme Court Justice Elena Kagan, a former U.S. solicitor general, said she would not participate.

In another contentious case before the court, over the new federal health care law, there have been numerous calls for Justices Kagan and Clarence Thomas to recuse. In that matter, Justice at Stake urged the justices to strongly consider publicly explaining their reasons for not recusing.

Facebooktwitterlinkedintumblrmail No comments

Hate Mail, Death Threats for AZ Judge

A federal judge has received hate mail and death threats after she put the most controversial parts of Arizona’s immigration law on hold. Her decision thrust her into a national spotlight.

Federal District Judge Susan R. Bolton halted the most controversial parts of the law from taking effect (see Gavel Grab). On Thursday, Arizona asked the Ninth U.S. Circuit Court of Appeals to lift her order.

The U.S. Marshals Service in Phoenix said the judge got death threats as emotions ran high over the divisive ruling, and demonstrators took to the streets, according to a New York Times article.

Some messages sent to Judge Bolton by phone calls and e-mails were positive but others were “from people venting and who have expressed their displeasure in a perverted way,” the Associated Press quoted David Gonzales, the U.S. Marshal for Arizona, as saying.

Former House Speaker Newt Gingrich, a Republican, said on the Fox News program Fox & Friends that the judge was “in many ways is responsible” if “anyone in Arizona gets hurt during this intervening period,” according to Media Matters for America, a media watchdog group. Here are Gingrich’s words, as reported by Media Matters: Read more

Facebooktwitterlinkedintumblrmail No comments

Friday Media Summary

KAGAN COMMENTARY

Washington Times/Post Politics: Kagan’s firsthand White House experience is rare on Supreme Court
Alec MacGillis – 5/14/2010

LA Times: Kagan opposed military stance on gays
David G. Savage and James Oliphant – 5/13/2010

Politics Daily: Elena Kagan: No Friend of the Military
Peter Wehner – 5/13/2010

Bloomberg: Kagan Said She Was `Not Sympathetic’ Toward Gun-Rights Claim
By Greg Stohr and Kristin Jensen – 5/13/2010

Huffington Post: Kagan’s Troubling Record
Marjorie Cohn – 5/14/2010

Washington Examiner: Will the Senate see Kagan’s long paper trail?
Byron York – 5/14/2010

Reason Online: Elena Kagan on Free Speech, Executive Power, and Judicial Restraint
Damon W. Root – 5/13/2010

American Principles Project: Robert P. George’s Statement on the Nomination of Elena Kagan to the Supreme Court of the United States
Robert P. George – 5/10/2010

Capitol News Connection: Native Americans Concerned About Obama Supreme Court Pick
Matt Laslo – 5/12/2010Read more…

Facebooktwitterlinkedintumblrmail No comments