Tuesday, July 27, 2010
Governor Brewer Has Moved to Dismiss U.S. v. Arizona
Arizona Governor Jan Brewer has moved to dismiss the complaint of the United States Department of Justice against Arizona on the ground that it fails to state a claim upon which relief can be granted. The governor argues that plaintiff's constitutional challenges to Arizona's new immigration statute -- SB 1070-- must fail because SB 1070 is not preempted by either federal immigrration law or U.S. foreign policy. The governor's motion to dismiss is here: (http://www.tucsonsentinel.com/documents/doc/072610_1070_dismiss_motion_doc).
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Considering that it's likely that Judge Bolton will grant the feds' injunction request (at least in part) -- which will make the State's 12(b)(6) motion moot -- this looks like the best opportunity for Snell & Wilmer to extract another hundred thou from the hapless AZ taxpayers before the gravy train stops . . .
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