What would Martin Niemoller think about Arizona?

[jinx]

It's interesting that the DOJ suit that 'they' keep saying will be filed any second focuses not on 4th amendment or lawful contact issues, but on federal jurisdiction to set immigration policy.
I don't really get that, because the AZ law doesn't set new policy, it's just an attempt to enforce known public policy with state and local agencies.

On the other hand, we have California passing the Compassionate Use Act way back in '96 - that puts state law at direct odds with Federal.

Originally Posted by jinx

It's interesting that the DOJ suit that 'they' keep saying will be filed any second focuses not on 4th amendment or lawful contact issues, but on federal jurisdiction to set immigration policy.
I don't really get that, because the AZ law doesn't set new policy, it's just an attempt to enforce known public policy with state and local agencies.

From what I have read, the DoJ is considering challenges on both issues, but the supremacy clause issue would logically be the first test, being the more overriding of the two.

The timing....it is common practice NOT to file too far in advance, particularly if the fed and the state are privately attempting at some level to reach an agreement on modifications to the law.