O

VerdictThe Judicial Watch

Because no one is above the law!® A News Publication from Judicial Watch l June 2011 l Volume 17 l Issue 6

Get the latest corruption news delivered right to your email in-box. Sign up for Tom Fitton’s Weekly Update.

n April 5, 2011, Judicial Watch’s client, the Arizona State Legislature, was granted permis-

sion to intervene as a defendant in the Obama Department of Justice (DOJ) lawsuit against SB 1070, Arizona’s get-tough illegal immigration law. Judge Susan Bolton, from the United States District Court for the District of Arizona granted Judicial Watch’s motion over the objections of the Obama DOJ, which is a tremendous victory for the Arizona State Legislature, Judicial Watch and its supporters. Judge Bolton ruled:

“On February 7, 2011, Arizona Governor Janice K. Brewer signed into law Senate Bill 1117 (“SB 1117”), which provides that ‘the Speaker of the House of Repre-sentatives and the President of the Senate may direct counsel to initi-ate a legal proceeding or appear on behalf of their respective chambers or on behalf of the Legislature in any challenge in a state or federal court’ to S.B. 1070. �e Legisla-ture now seeks permission of the Court to intervene as a Defendant in this action…permitting the Legislature to intervene at this time will not unduly delay or prejudice the original parties…the Court in its discretion �nds that the Legisla-

ture should be permitted to inter-vene as Defendant at this time.”

Now the Legislature can defend its enactment of SB 1070 and the interests of the people of Arizona in court. Verdict readers may recall that Judi-cial Watch �led its “Motion to Inter-vene,” on February 11, 2011, with the U.S. District Court for the District of Arizona stating: “�e Legislature…has a paramount interest in seeing that [SB 1070’s] enactment is upheld.” At the same time, JW also �led an “An-swer in Intervention” with the court on behalf of the Arizona State Legisla-ture stating four main arguments:

n “[�e Arizona Legislature] has a right to protect its citizens.”

n “Arizona has a right to self-defense under the Constitution, particularly when the federal government fails to protect it.”

n “[�e Arizona Legislature] complied with all relevant federal, state, and local laws, including the Arizona Constitution and the Constitution” in crafting S.B. 1070.

n “SB 1070 is not preempted by federal law or the Constitution. SB 1070 does not con�ict with federal law, does not constitute an improper regulation of immigration, and Congress has not fully occupied the �eld.”

Fortunately, thanks to Judge Bolton’s ruling, the Arizona Legislature will now have the opportunity to make this case in court. So where does the Obama admin-istration’s lawsuit against the State of Arizona now stand? Unfortunately the future of some parts of SB 1070 and other similar measures intended to confront the threat of rampant illegal immigration are in limbo thanks to the Obama administration and its persistent attempts to thwart federal immigration laws. “It is important to remember, this lawsuit is not just about the state of Arizona. Many other states across the country are looking to this lawsuit to set the guidelines for how they can

®

Judicial Watch Earns Court Victory in SB 1070 Lawsuit!

Arizona Governor Jan Brewer

2 June 2011 l Volume 17 l Issue 6 l Immigration Supplemental

Judicial Watch Board of DirectorsChris FarrellTom Fitton Paul Orfanedes

Editorial ConsultantBrandon Millett

Circulation Director John Albertella

Design Consultant Jeanne Minnix Graphic Design, Inc.

Public Affairs Director Jill Farrell

Production Manager Federico Lines Telephone(202) 646-5172 or 1 (888) 593-8442

Fax(202) 646-5199

Emailinfo@judicialwatch.org

Internet Sitewww.JudicialWatch.org Send your comments and questions to Editor, The Judicial Watch Verdict® c/o Info@JudicialWatch.org.

Annual suggested donation is $35. Requests should be sent to: The Judicial Watch Verdict®

Judicial Watch, Inc.425 Third St., SW, Suite 800Washington, DC 20024

The Judicial Watch Verdict® is published monthly and distributed to its members, supporters and interested parties by Judicial Watch, Inc., a 501(c) 3 non-profit organization incorporated in 1994 in the District of Columbia. Copyright 2011 Judicial Watch, Inc. © All rights reserved.

Editorial content may be duplicated with attribution and without permission.

June 2011 l Vol. 17 l Issue 6 Immigration Supplemental

protect themselves. �is lawsuit will have rami�cations for the rest of the country and that’s one reason we’re expending a considerable amount of e�ort trying to stop it,” said Judicial Watch President Tom Fitton. Judicial Watch has been working with elected representatives in Texas, Maryland, and Pennsylvania (to name just a few) as they consider their own Arizona-type legislation. But the State of Arizona is most de�nitely leading the wave of states that want to enforce our laws against illegal immigration. Arizona Governor Jan Brewer signed SB 1070 into law on April 23, 2010. Shortly thereafter, on July 6, 2010, the Obama DOJ �led a lawsuit challenging the law and requesting a preliminary injunction to prevent the law from being enforced. On July 28, 2010, U.S. Judge Bolton allowed some important provisions of the law to be enacted, while granting the Obama administration an injunction on other provisions until the Court could determine whether those provisions are constitutional. �e State of Arizona appealed

Judge Bolton’s ruling, and in April the U.S. Court of Appeals for the Ninth Circuit upheld Judge Bolton’s ruling, leaving in place an injunction barring certain provisions of SB 1070. Many believe the lawsuit will ultimately reach the U.S. Supreme Court. “No matter where this lawsuit goes next, we are quite pleased that the Arizona State Legislature, which rep-resents the people of Arizona, will at least be able to defend its law against the Obama administration’s unprec-edented legal attack. As we argued in court, the Legislature has a paramount interest in seeing its law upheld. “Arizona’s citizens have been living on the frontline in the battle against illegal immigration, su�ering the e�ects of an out-of-control border and a Justice Department that refuses to uphold the law. �e Obama administration has utterly failed in its obligation to protect Arizona’s citizens and secure the border. And the administration has no business attacking the State of Arizona for merely trying to protect its citizens,” continued Fitton. JW