HORNE FORSEES NINTH CIRCUIT PARTIALLY OVERRULING LOWER COURT ON S.B. 1070

Press release
For immediate release

PHOENIX – Republican Attorney General nominee Tom Horne, who attended today’s U.S. Ninth Circuit Court of Appeals hearing regarding S.B. 1070, believes at least part of the lower court ruling vacating portions of the law will be overruled.

“Before these arguments began, there was much discussion about the three judges, who is on the left, the right and in the middle,” Horne noted. “Regardless of those considerations, I believe the three judges will unanimously overturn Judge Susan Bolton’s earlier decisions on S.B. 1070 in regards to Sections 2 and 6, but not Sections 3 and 5.”

Horne explained, “On the merits of Section 2, which is the language that requires local law enforcement to make inquiries of Immigration and Customs Enforcement, Judge Bolton ruled that such language was an undue burden on ICE. But it is clear to me this panel will unanimously overrule her and will rule that the federal government is obligated under statute to respond to inquiries of local law enforcement.”

He added, “Section 6 deals with warrantless arrest of a suspected illegal who has committed a crime that is a ‘removable offense.’ The Ninth Circuit panel believes this is a law that could be applied in a way that is unconstitutional, but could still be applied in manner that is legal. The court challenge in this instance is called a ‘facial challenge’ which means if there is any way to enforce the law legally, the challenge should fail. For that reason, I believe the Court will unanimously overrule Judge Bolton on Section 6.”

Horne continued, “In regards to Section 3, which is the documentation requirement, the judges said Arizona may not add to the federal law that requires legal aliens to carry documentation of their immigration status. If the lower court ruling is upheld, the state would argue before the U.S. Supreme Court that the state and federal requirements are the same.”

Horne concludes, “With respect to Section 5, which concerns employment of illegal immigrants, the Court will likely rule against Arizona because the Ninth Circuit is bound by an earlier ruling by another three judge panel from the Ninth Circuit. This argument would have to be appealed at the U.S. Supreme Court.”

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Tom Horne in the Media from San Francisco

The Jay Lawrence Show on KTAR – Click here to listen live.

KPHO Channel 5 – Click here to read.

AZ Central / Arizona Republic – Click here to read.

12 News – Click here to read.


Comments

  1. What an unrelenting opportunist. I’d rather see Horne win than Rotellini, but frankly Tom Horne’s “opinion” on the matter gives us little reason to hope. I trust he will take care not to assume that Arizonans will settle for a lackadaisical defense of our state and its security because that is exactly what this press release suggests he’s bringing to the table.

  2. Tomorrow is the big day. It is the time for canidate for Attorney General Tom Horne to take the stand. Tom is brilliant, he knows how to represent our state. He is brilliant in law. Tom Horne is a leader. He is a brilliant man that alongside with Governor Jan Brewer will make Arizona a better place to live.

    I can assure you that Tom Horne will conduct his office in the Most appropriate manner, and that agencies from all over our state will endure what it is like to work for him in leadership. Arizonians will see the difference Tom Horne will make.

    Soon, it will be a State that was once falling into disaster being uplifted into a State filled with more jobs, a State with secure borders, and a leader that stands up to his words, “Promises Made, Promises Kept.”

    Folks, be smart, be selective- vote Tom Horne for Attorney General 2010- visit Tom’s website at http://www.electtomhorne.com

    Thanks- Kelly S. Miles

  3. What we know is that Tom Horne will react to every situation to the best of his ability. Nothing else is certain.

  4. Gee, Jane. Horne called it as he saw it, and it jives with what other observers said. The court is likely to be split. If you wanted him to breathe fire and get exercised over the matter, than you don’t understand the courts. It’s far better to have a sober understanding of the legal arguments than to get all emotional. In fact, emotional lawyers often hurt their cases. Horne has 30 years in the courtroom and he led the Horne v. Flores (that’s the SCOTUS label, by the way) English language learners case to a successful conclusion in 2009.

  5. “Prop. 200”, “House Bill 2013″ and “SB1070″

    0 = Arizona
    3 = USA/ Our Constitution/ We the People of the United States

    We are a country that is ruled by the Constitution (with all Amendments), and the Declaration of Independence, not by the majority of the day. When the uneducated do not know the principles in these documents, therein lays the problem in losing, so no one should be surprised when the dullards lose in court after being smartly challenged.

    Last month of October 2010, our Ninth Circuit Court of Appeals overturned Arizona’s requirement that people show proof of citizenship to register to vote or the 2004, “Prop. 200”. In the month of July 2010, our U.S. Federal courts have found the so called State of Arizona hate filled legislation namely “House Bill 2013″ and “SB1070″ Un-constitution (So much for the intellect of Jan Brewer, “Did you read the bills you signed?”). But we all know that they will go crying to the Supreme Court of the United States, please, please, please go. We will fight you in Arizona, any other state, and yes in Washington DC. We will not tire, we will not be silent and we will persevere, I promise you.

    In my opinion the Republican Party has been taken over the most extreme of clans; the Baggers, Birthers and Blowhards (people who love to push their beliefs and hate on others while trying to take away the rights of those they just hate) and that’s who they need to extract from their party if they real want to win in November. Good Luck, because as they said in WACO, “We Ain’t Coming Out”.

    I know the proponents of this law say that the majority approves of these laws, but the majority is not always right. Would women or non-whites have the vote if we listen to the majority of the day, would the non-whites have equal rights (and equal access to churches, housing, restaurants, hotels, retail stores, schools, colleges and yes water fountains) if we listen to the majority of the day? We all know the answer, a resounding, NO! You were all wrong then and you are wrong now!

    I hope that every American, regardless of where he lives, will stop and examine his conscience about this and other related incidents. This Nation was founded by people of many nations and backgrounds. It was founded on the principle that all people are created equal, and that the rights of every person are diminished when the rights of one person are threatened. All of us ought to have the right to be treated as he would wish to be treated, as one would wish his children to be treated, but this is not the case.

    Today we are committed to a worldwide struggle to promote and protect the rights of all who wish to be free. In a time of domestic crisis people of good will and generosity should be able to unite regardless of party or politics and do what is right, not what is just popular with the majority. Some people comprehend discrimination by never have experiencing it in their lives, but the majority will only understand after it happens to them.

  6. That was very intruiging. There are not a lot of blogs out there with good information on this topic. I hope to read more great comments when I come back in a few days. Thank you for the information.

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