One of the worst kept secrets in Washington is now confirmed and out in the open - the Obama White House has filed suit in federal court against Arizona over it's new immigration law.
Of course it's ridiculous. Of course it's amazing. Of course it's awful. But when it comes right down to it, it's about politics - which doesn't make it any better, or easier to take, but there it is.
The fact of the matter is that we're now about four months out from Election Day, and Obama and the Democrats are tanking big time in the polls. He/they desperately need to rally the base, and Hispanics are a big part of that base. And many of them have been none too happy with how he's put other issues ahead of what "comprehensive immigration reform", (AKA, amnesty).
In the middle of all of that, along comes Arizona looking to do what it can to enforce it's southern border and reduce the flow of illegals into that state. Granted, it's popular in Arizona. It's even popular nationally, especially since most people understand the federal government isn't even close to doing it's job when it comes to protecting the border. But it's also really unpopular with major segments of the Democrat base, which makes Obama see it as a political necessity.
He knows he can't deliver an amnesty bill (read: Democrat voter registration bill) this year. So he's going to do the next best thing. Use the courts to grandstand [2].
The Justice Department has decided to file suit against Arizona on the grounds that the state's new immigration law illegally intrudes on federal prerogatives, law enforcement sources said Monday.
The lawsuit, which three sources said could be filed as early as Tuesday, will invoke for its main argument the legal doctrine of "preemption," which is based on the Constitution's supremacy clause and says that federal law trumps state statutes. Justice Department officials believe that enforcing immigration laws is a federal responsibility, the sources said.
A federal lawsuit will dramatically escalate the legal and political battle over the Arizona law, which gives police the power to question anyone if they have a "reasonable suspicion" that the person is an illegal immigrant. The measure has drawn words of condemnation from President Obama and Attorney General Eric H. Holder Jr. and opposition from civil rights groups. It also has prompted at least five other lawsuits. Arizona officials have urged the Obama administration not to sue. ...
The legal problem is that the feds have a very weak case. They're challenging the law on the basis that Arizona is interfering in an area where the federal government has preeminent jurisdiction. This is arguable at best, because that's not to say that the sovereign state of Arizona isn't in the right to protect it's citizens...in fact, that's probably the first duty of any state government. Also, to for the feds to say they have preeminent jurisdiction doesn't mean it's "pre-emptive"...which would pretty much mean the states have none. And given that the federal government has been doing such a jam up job on border security, I find it hard to believe a federal court would find against Arizona.
Plus, consider that the Arizona law only allows cops to ask for ID to determine legal status AFTER they have detained someone for another offence - not just because they feel like it. And the law that they would be enforcing if they find someone to be "illegal" is the current FEDERAL law - they simply would be pointing the finger at violators and telling ICE to do its job. Meaning that Arizona has simply offered to help the feds enforce their own laws. The ones that Obama told Arizona Senator Kyl they wouldn't enforce because then the rest of the country would have no reason to support their plan to grant amnesty to millions of illegals.
Also, note what's missing in the Obama administration's case - any suggestions of racism or discrimination. You know, all of that guff Obama and other liberals have been running off at the mouth about for the past few months about how anyone with brown skin will be profiled and have their civil rights violated. In other words, all of that garbage was just cheap political theater on their part.
Which brings us back to the original point. It's all about the politics.
The question is, whether or not it backfires and it becomes a net loser come Election Day.
Prediction: yes.
