Tuesday, June 22, 2010

Arizona Governor's Brief In support of Motion to Dismiss MALDEF/ACLU Complaint

Arizona Governor Jan Brewer's brief in support of her motion to dismiss the MALDEF/ACLU complaint is now available here: (http://azgovernor.gov/dms/upload/FriendlyHouseMotiontoDismiss.pdf ). In it, the governor continues to argue, among other things, that plaintiffs lack standing to assert their constitutional claims because their fears that they will be subjected to racial profiling under SB 1070 are too speculative. In addition, the governor argues that SB 1070 is not preempted by federal law because it does not regulate "who should or should not be admitted to the country." The governor's brief does not specifically address the finding and analysis by four Arizona law professors that the text of SB 1070 authorizes and may require racial profiling (http://ssrn.com/abstract=1617440).

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