Newly licensed illegals to be driving AZ streets

December 19, 2014

Under the heading “IMMIGRATION” —- slyly omitting the key word, “illegal” —- the pro-amnesty/open borders local newspaper illustrates how it has earned its name: The Periódico de la República de Arizona. The report by Daniel Gonzalez is titled in bold-faced caps, ”ROAD CLEARS FOR ‘DREAMER’ DRIVERS.

The legislative acronym D.R.E.A.M.E.R., representing Development, Relief, and Education for Alien Minors has been consigned to the political trash heap by the leftist, agenda-driven newspaper in favor of the softer version, implying one who is simply enjoying a deep sleep. In fact, it represents a nightmare.

The first two sentences of Gonzalez’ report deceptively uses the word “immigrant” twice when referring to illegal aliens, who have done nothing to facilitate applying for legal citizenship as true immigrants do.

“Young immigrants known as dreamers will be able to begin applying for driver’s licenses on Monday, according to a court ruling handed down Thursday by U.S. District Court Judge David G. Campbell. Campbell issued a preliminary injunction ordering Arizona to stop denying driver’s licenses to young immigrants known as dreamers.”

It will be impossible to ascertain whether these illegals arrived as infants brought by their law-breaking parents or yesterday, alone. Many already have black market licenses, as do their parents. The sale of counterfeit and stolen documents such as licenses, birth certificates and social security cards constitute a thriving business in Hispanic communities. The questions to ask are, will insurance be required prior to processing the licenses and how will such a provision be enforced?

State-issued driver’s licenses open doors of opportunity in the United States. Not only does a  license grant the privilege to operate a vehicle, it also is widely accepted as an identification card that enables the bearer to access countless services and taxpayer-funded benefits. Driver’s licenses are used to rent apartments and cars, open bank accounts, cash checks, enter secure buildings, buy guns, and board commercial aircraft.

In a statement released Thursday, Gov. Jan Brewer correctly said, “The right to determine who is issued a driver license is reserved for the states –– not the federal government or an unelected judiciary. It is outrageous that Arizona is being forced to ignore longstanding state law and comply with a flawed federal court mandate that requires the state, at least temporarily, to issue driver licenses to individuals whose presence is in violation of federal law, as established by the United States Congress.”

“At stake in this case are the fundamental issues of constitutional law and state sovereignty. Arizona has the constitutional right and authority to enforce state statute. This right must be protected. It must be defended.”

Read Brewer’s complete statement here.


GOP Senate v. Obama’s liberal judicial appointments

November 30, 2014
US_Supreme_Court_2010

The U.S. Supreme Court in 2010. Top row: (left to right): Associate Justices Sonia Sotomayor, Stephen Breyer, Samuel Alito, and Elena Kagan. Bottom row: Clarence Thomas, Antonin Scalia, Chief Justice John Roberts, Anthony Kennedy, and Ruth Bader Ginsburg.

Circuit Courts awash with radical leftwing ideologues

The recent report that Supreme Court Justice Ruth Bader Ginsburg had a heart stent implanted to clear a blocked artery during the court’s current session is more than just an item of passing interest. The 9-member court hears its next round of oral arguments on Monday.

The 81-year-old Ginsburg, a radical liberal (video) who has suffered multiple and serious health problems, is emblematic of the aging High Court bench. Ginsburg has yet to top the longevity of Justice Oliver Wendell Holmes, Jr., who was on the court from 1902 to 1932 and was 90 when he finally retired, but she’s within spitting distance of the record.

Her age and ill-health point to a serious situation as Barack Obama still has two years to stack the Supreme Court. He has been resolutely at work doing so throughout his tenure with the 13 federal circuit courts, which handle upward of 60,000 cases a year —- compared to the Supreme Court’s fewer than 100 cases. He has diligently created Democrat majorities on the courts that function as mini-supreme courts since they establish precedent on previously unaddressed issues in their circuits, and have the last word in nearly all of the cases that come before them. Not only has Obama appointed leftist ideologues, but young lawyers who will serve for many years. Currently, he has seven circuit vacancies to fill.

Now with Republicans in control of the Senate for the first time since Barack Obama took office, he should find it harder to appoint left-wing lawyers to judgeships. Since he took office in 2009, the number of circuit courts with Democrat majorities has increased from one to nine. Whether he compromises on some of his nominees, including any to the Supreme Court, may depend on the willingness of the new Republican majority to engage the president on judicial philosophy.

Terry Eastland, an executive editor at The Weekly Standard has written a fact-filled two-page review of the subject titled, Obama’s Makeover of the Judiciary. This is an important article that should not be missed. Eastland addresses the issue of the all-important willingness of the new GOP majority Senate to slow the march of liberal judges onto the courts.

The Heritage Foundation provides an overview of the cases on the U.S. Supreme Court’s 2014-2015 docket. The Court’s argument calendar can be accessed here on the Supreme Court’s website.


5th Circuit Court lets TX close most abortion clinics

October 3, 2014

We often express our disappointment in the far left rulings emanating from the Ninth Circuit Court of Appeals which has appellate jurisdiction over legal issues in Arizona and eight other states plus two territorial courts. This court is not only the nation’s largest, but also the most overturned.

But today we applaud the ruling of the U.S. 5th Circuit Court —- with an entirely different makeup —- allowing Texas to immediately begin enforcing new abortion restrictions that will close all but seven abortion facilities in America’s second most-populous state. 

Republican Gov. Rick Perry has noted Texas’ 2013 law HB 2,  was designed to protect women’s health.

Texas Attorney General Greg Abbott, a Republican who is consistently polling high in the race for governor, has led the defense of the law. Abbott released a statement saying, “This decision is a vindication of the careful deliberation by the Texas Legislature to craft a law to protect the health and safety of Texas women.”

Abbot’s gubernatorial opponent is Democrat Wendy Davis, who launched her campaign riding the notoriety she achieved during a nearly 13-hour filibuster last June that temporarily blocked the law in the state Senate. Not only did she don running shoes and a back brace during her marathon performance, she was also equipped with a catheter, allowing her to stay on the floor since trips to the restroom were disallowed.

A decision by Judge Jennifer Elrod in the case Whole Woman’s Health, et al v. David Lakey, et al  in the U.S. Court of Appeals for the Fifth Circuit has lifted the district court’s injunction, allowing HB 2 to immediately go into effect.


AZ Court of Appeals upholds campaign finance disclosures

August 12, 2014

The leftist Arizona Republic newspaper shows no constraints when it comes to hammering political conservatives. The latest one in their sights is Arizona’s Attorney General Tom HorneIf there is a topic they can contort to include Horne, the daily’s multi-pronged gang springs into attack mode to unleash their liberal venom in unison, employing opinion crafted as news reports, editorials, columns and biting political cartoons.

When Horne wins major cases he personally argues, the news is met with clenched-jaw stoniness. His victories are marginalized when those cases are heard and won in the U.S. Supreme Court. When he is vindicated by virtue of a judge’s ruling, there is a deafening silence followed by derision of the decision.

His numerous achievements while serving the people of Arizona as Attorney General go unmentioned.

The Arizona Daily Independent provides the latest evidence of the blatant bias. A report titled “Lawsuit against Rotellini results in Court of Appeals ruling,” reveals that Attorney General Tom Horne has won a victory against a high-dollar, “dark money” supporter of his Democrat challenger Felicia Rotellini.

Just days before the 2010 General Election, the deceptively named Committee for Justice & Fairness (CJF) an independent expenditure group, spent approximately $1.5 million running attack ads against then-Superintendent of Public Instruction Tom Horne as he ran for  State Attorney General.

On Thursday, the Arizona Court of Appeals decided in favor of full disclosure in the matter of Committee for Justice & Fairness (CJF) v. Arizona.

The Court of Appeals, Division One ruled that CJF qualified as a political committee that must comply with Arizona’s political committee registration and disclosure requirements. Judge Lawrence Winthrop wrote the opinion (read it here) for the three judge panel.


9th Circus: AZ’s denial of illegals driver’s licenses based in “animosity”

July 8, 2014

Brewer calls DACA program “President Obama’s lawless directive”

In a unanimous decision by a three-judge panel of the Ninth Circuit Court of Appeals it has been ordered that “DREAMers allowed to work in the U.S. by virtue of one of Barack Obama’s infamous executive orders, also must be issued Arizona driver’s licenses.

The Ninth Circuit, often referred to as the Ninth Circus, is the most overturned court in the nation. The judges on the panel —- political appointees of Presidents Carter, Clinton and Obama —- rendered their ruling Monday.

The court rejected arguments by Arizona Gov. Jan Brewer that she was entitled to deny licenses to those in the federal government’s Deferred Action for Childhood Arrivals (DACA) program. The appeals court ordered U.S. District Court Judge David Campbell, to direct the state Department of Transportation to provide licenses to those who are in that program.

Among the completely unverifiable provisions referred to in the decision are the DACA eligibility factors —- including the claim that they were brought to the United States before the age of sixteen and were under thirty-one years old as of June 15, 2012. They must have been living in the United States when DACA was announced and have continuously resided in the United States for at least the previous five years; and they must have graduated from high school, or obtained a GED, or have been honorably discharged from the U.S. Armed Forces, or be currently enrolled in school. Additionally, they must not pose any threat to public safety. Anyone who has been convicted of multiple misdemeanors, single significant misdemeanor, or any felony offense is supposedly ineligible for DACA.

Attempting to prove any of these ages, dates or status, is a fool’s errand. Names and other pertinent identifying information are routinely altered making proof of criminal offenses an enterprise with the incentives far greater than fear of discovery.

Arizona is dealing with an illegal community where forged, stolen or otherwise counterfeit documents to underwrite life in the United States is de rigueur.  Identity theft is a major criminal enterprise especially evident in border states. The intent is to provide documents to facilitate the lives of foreign nationals illegally entering the U.S.

The Ninth Circuit Court’s opinion can be read here.

Gov. Jan Brewer’s strongly worded, single page response to the ruling can be read here.


US Supreme Court lobs a major blow at ObamaCare

June 30, 2014

Today’s 5 – 4 U.S. Supreme Court decision striking down ObamaCare’s employer paid contraception and abortificides —- abortion inducing drug  —– mandate is a decisive victory for religious freedom.  Barack Obama’s efforts at the socialization of American health care has suffered a major setback.

This decision is even a more significant triumph since it is the first time that the high court has ruled that for-profit businesses can hold religious views under federal law.

On June 28, 2012, Chief Justice John Roberts stunned conservatives by joining with the liberal Justices Stephen Breyer, Ruth Bader Ginsburg, Elena Kagan and Sonia Sotomayor—– as he shockingly cast the deciding vote upholding the ‘Affordable Care Act,’ which Obama viewed as his signature domestic achievement. The flagrant and massive federal overreach into American’s personal health care decisions is widely known as ObamaCare. Here is a montage of Obama’s repeated lies.*

In today’s decision, Justice Samuel Alito wrote the majority opinion. Justice Anthony Kennedy, often a swing vote, voted with the majority. The court’s four liberal justices hung tight, with Ginsburg writing the dissent.

The decision in Burwell, Secretary of Health and Human Services, et al v. Hobby Lobby Stores, Inc., (joined by Conestoga Wood Specialties Corp.) can be read here in its entirety.

* H/T to Abraham Reisman for video 


1st Amendment victory in AZ ‘Bus Shelter Ads’ case

May 9, 2014

Freedom loving Arizonans can celebrate Thursday’s Free Speech victory in the state Court of Appeals. The decision allows firearms expert and author Alan Korwin to post bus signs for his gun training business —- TrainMeAz —- without censorship from local government bureaucrats. 

After Korwin signed a contract with CBS Outdoors to place advertisements on 50 city-owned bus shelters, the City of Phoenix objected, informing Korwin the posters which read “Guns Save Lives,” didn’t comply with a requirement that bus shelter advertising only be used for speech that “proposes a commercial transaction.” However, city officials were unable to provide Korwin with any standards that explained what type of messages would meet that vague requirement. Ultimately, the city allowed reworded ads stating, “Guns Stop Crime.”

The Court’s opinion can be read here.

Background on this important case, all of the legal documents and the timeline can be seen here on the Goldwater Institute’s website. Attorneys from the Goldwater Institute, Scharf-Norton Center for Constitutional Litigation represented Korwin.

Seeing Red AZ previously covered this issue December 3, 2013.


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