9th Circus Appeals Court supports illegal day laborers’ free speech

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.

Judge Fisher and Judge Bolton are both Clinton appointees.

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.”

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16 Responses to 9th Circus Appeals Court supports illegal day laborers’ free speech

  1. Delilah says:

    The supreme court should have shut Mexico down, they have no standing to try and circumvent ourlaws and our soverignity as a Nation. We should pass state laws that mimic Mexico’s laws on Illegal entry into their country. There was a program under Bush that keep illegals in jail for at least a week then deported them back to their country, it was keeping down the re entry of the same people. But like everything else BHO has stopped that too.

    • Brandy Baron says:

      It is getting to the point where pretty much anybody in the world has more standing in America than American citizens.

    • Diogidog says:

      The phony balony politicians need to merely drive down 25th Street at Bell Road behind the McDonald’s restaurant east of Cave Creek to see that illegal immigration laws are NOT being enforced. Or, get the limousine out and drive by the Home Depot at 43rd Avenue and Camelback; or 33rd Street and Thomas Road. All the politicians do is talk with blinders on. It’s nothing but hot air and horse feathers! The so-called conservative leaders in Arizona are the best at generating horse feathers when it comes to ‘comprehensive immigration reform.’ Wink. Get real sheeple, you are being bamboozled. Birds of a feather …

  2. Chuck says:

    There are few things that match the dazzle of smart Republican women! Delilah and Brandy are two such gems!

  3. eubykdisop says:

    If you think that the actions of the Mexican government mentioned above are outrageous, try this!

    “Mexico Wants Us to Register Guns & Give Them the Registry”

    “February 18, 2013
    By Sara Noble”

    “You say what??? Mexico lawmakers voted to ask our US Senate to create and share a gun registry of all commercial firearms in border states to include California, Arizona, New Mexico and Texas!”

    http://www.independentsentinel.com/2013/02/mexico-wants-us-to-register-guns-give-them-the-registry/

    They don’t just want the U. S. to create a gun registry for border states but they want us to give that information to them! That way Mexican cartel criminals will know which homes to rob to get guns!

    At the same time, Mexico has dissolved it’s version of the FBI.

    “Mexico Dissolves Its FBI, Moves to Legalize Drugs”

    “by Chriss W. Street
    1 Aug 2012″

    “In a stunning development, President-elect Enrique Peña and his Institutional Revolutionary Party (PRI), who won control of Mexico’s government on July 1st, moved to dissolve the Agencia Federal de Investigación (AFI).”

    “Modeled after the United States FBI, the AFI was founded in 2001 to crack down on Mexico’s pervasive government corruption and drug trafficking.”

    http://www.breitbart.com/Big-Peace/2012/08/01/MEXICO-DISSOLVES-THEIR-FBI-AND-MOVES-TO-LEGALIZE-DRUGS

  4. Westnash says:

    Yes but since we already have a law about blocking traffic, why couldn’t it have been amended to cover what this law did without the need for a separate law? 1070 has many goof points but also clauses like this which wont stand up and might bring down the house. The other problem is that the cost of defending these clauses gets funneled off to private lawyers in many cases which cost us all. Obviously our politicians dont care.

    • eubykdisop says:

      We are already well familiar with your Liberal, leftist point of view, Westnash:

      “Westnash says:
      February 14, 2013 at 10:17 am
      I would propose an immediate 10% cut in all military expenditures including salaries. All of us can get by on 9 out of 10…..the govt. can as well…it is nothing but would make a huge dent in the problem.”

      “Westnash says:
      January 8, 2013 at 8:00 am
      There will be some changes in gun regulations at some point in 2013 and the Republicans who only tow the NRA line of “no” will lose. Wouldn’t you rather outsmart your opponent than trying unsuccessfully in throwing up a wall, that is crumbling down around you.”

      “Westnash says:
      January 11, 2013 at 3:41 am
      Obviously, Euby, it is easy for you to blame Marxism, but impossible to offer a solution for the Arizona Republicans. Hopefully there is someone in the party smarter than you.”

      “Westnash says:
      February 18, 2013 at 3:35 pm
      What I worry that the Secure Our Borders bunch really wants is to spend Billions more in hiring and fences which do nothing but increase the size of Govt.”

      And as regards Sheriff Arpaio, you had this to say:

      “Westnash says:
      March 1, 2013 at 9:06 am
      Interesting that when you have someone like Joe who continues to hang on…you have a real vacuum behind them. Their ego just wont let them develop a successor. Joe should retire soon and develop a strong successor…but I am afraid hubris has set in long ago.”

  5. Frankly Speaking says:

    Bravo to AZ’s Attorney General Tom Horne! He states the conservative position and doesn’t give in to the “mm-mms” of the clearly squishy interviewer. Horne correctly calls Mexico’s position a “very dangerous argument.”

    Would liberal Democrats Terry Goddard or Felecia Rotellini stand up for our citizens, our legislature and our laws? Would Janet Napolitano have acted as courageously on behalf of the state of Arizona? We already know the answer to those questions. Napolitano was at USAG Eric Holder’s side when he decided to bring legal action against our state.

  6. American Patriot says:

    Horne was also a superb Superintendent of Public Education, fighting the Reconquista studies in Tucson Unified School District. Unfortunately current Superintendent John Huppenthal has been nothing short of a disappointment, silent or taking issues that require action, under advisement. A weak sister! This is what Huppenthal remains silent on:

  7. Fed Up says:

    This incident isn’t the first time a foreign government has used intimidation tactics to meddle in our lawmaking process. Mexico previously intruded back in 2010, when it advocated that our federal courts declare SB1070 unconstitutional. At that time, Mexico brought along 16 other Latin American countries to outrageously oppose our law. Lawyers representing the governments of Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, Nicaragua, Panama, Paraguay, Peru and Uruguay, worked to ensure safe passage and American jobs for their own citizens in the United States. Why? To bolster their own sagging economies as their citizens send US dollars back to those third world countries. These nations see us as the cash cow to prop up their corrupt governments and drug trafficking enterprises.

    No wonder the open borders crew at the Arizona Republic is trying to cut short Tom Horne’s time in office. Horne presents a strong impediment to their dream of a flashing neon welcome sign on the border.

  8. Villanova says:

    You got it right calling the Ninth Circuit Court of Appeals the Ninth Circus. It’s the most overturned appellate court in the nation. It’s also the most liberal.

  9. MacBeth says:

    Yes. And guess who joined with these foreign nations….the radical ACLU, the AFL-CIO and other mega unions, the leftwing U.S. Conference of Catholic Bishops and of course, the US Hispanic Chamber of Commerce.

  10. westnash says:

    They don’t care how much of our tax $ they spend in chasing this bill either. Use some brains and forget the appeal on this side issue.

    • eubykdisop says:

      Yes, Westnash, we know about your concerns regarding spending.

      “Westnash says:
      February 14, 2013 at 10:17 am
      I would propose an immediate 10% cut in all military expenditures including salaries. All of us can get by on 9 out of 10…..the govt. can as well…it is nothing but would make a huge dent in the problem.”

      “Westnash says:
      February 18, 2013 at 3:35 pm
      What I worry that the Secure Our Borders bunch really wants is to spend Billions more in hiring and fences which do nothing but increase the size of Govt.”

      Like all Liberals, you want to make unthinking cuts in military spending and don’t want to spend any money to secure our borders.

  11. Westnash says:

    Why is it an important tool in law enforcement when you already have a state law that prevents the same thing. Sure it gets eubyites up and running but all it really does is pad the pockets of lawyers and deplete the coffers of the state.

    • eubykdisop says:

      Oh yes, Westnash, we already understand quite clearly how you feel about securing our borders and about those who enforce laws regarding illegal immigration:

      “Westnash says:
      February 18, 2013 at 3:35 pm
      What I worry that the Secure Our Borders bunch really wants is to spend Billions more in hiring and fences which do nothing but increase the size of Govt.”

      And you had this to say about Sheriff Arpaio:

      “Westnash says:
      March 1, 2013 at 9:06 am
      Interesting that when you have someone like Joe who continues to hang on…you have a real vacuum behind them. Their ego just wont let them develop a successor. Joe should retire soon and develop a strong successor…but I am afraid hubris has set in long ago.”

      Never has there been a Liberal leftist more loyal to Obama’s agenda to destroy American sovereignty than you, Westnash.

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