In his 35-page opinion, published Monday, Judge Raymond C. Fisher, writing for a unanimous three-judge panel of the Ninth U.S. Circuit Court of Appeals upheld a ruling against a section of SB 1070, concluding that the law infringed on the constitutionally guaranteed right to commercial speech accorded illegal alien day laborers congregating on Arizona streets soliciting work.
The daily newspaper doesn’t disappoint. In the single initial sentence in the República’s report, Arizona’s nationally copied immigration law is described using the word “controversial” that is stuck on the keyboards of the reporters and always accompanies any mention of SB1070 or its requirements.
Here is the conclusion in the case Valle Del Sol v. Whiting: “Laws that limit commercial speech must not be more extensive than necessary to serve a substantial government interest. The district court correctly determined that, though Arizona has a significant government interest in promoting traffic safety, the day labor provisions fail Central Hudson’s requirement that restrictions on commercial speech be no more extensive than necessary to serve that interest. The district court did not abuse its discretion in concluding that the plaintiffs are likely to succeed on the merits and that the other requirements for a preliminary injunction are satisfied. We therefore affirm the preliminary injunction barring enforcement of the day labor provisions.”
Arizona Gov. Jan Brewer’s spokesman Matthew Benson said the governor is conferring with her legal team to decide whether to appeal. “The governor thinks this is an important tool to give law enforcement,” Benson said.
The injunction was first imposed in February 2012 when Phoenix-based U.S. District Court Judge Susan Bolton ruled that statutes prohibiting potential employers from stopping their cars to hire and pick up day laborers soliciting work are unconstitutional.
Last December Gateway Pundit reported that the Mexican government filed court documents against Arizona’s SB1070, claiming the law punishes those who harbor illegal aliens and urging the 9th U.S. Circuit Court of Appeals to block part of the Arizona immigration law. In the most arrogant of legal filings, attorneys for Mexico claimed the provision of SB1070 “poses a real threat to Mexico-U.S. bilateral relations.”
Here is Arizona Attorney General Tom Horne responding to Mexico’s outrageous attempts to block our law. Horne says, “If a federal court can invalidate an otherwise valid state law on the grounds that a foreign country disagrees with it, and therefore we’re interfering with the federal monopoly on foreign relations, state sovereignty is suffering a terrible damage and this is a very dangerous kind of argument.”