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April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review May 3, 2010 / 19 Iyar 5770

How Obama could lose Arizona immigration battle

By Byron York




http://www.JewishWorldReview.com | We know one thing for sure about the fight over Arizona's new immigration law. Civil-rights groups will file a lawsuit trying to kill the law and will ask a federal judge to issue an injunction to keep it from taking effect as scheduled this summer. What we don't know is how those proceedings will be affected by the Obama Justice Department, which is contemplating the highly unusual step of filing its own suit against the state of Arizona. Also unknown is the influence of President Obama himself, who has gone out of his way to raise questions — some of them strikingly uninformed — about the law.

The drafters of the law knew the lawsuit was coming; a lawsuit is always coming when a state tries to enforce the nation's immigration laws. What the drafters didn't expect was Obama's aggressive and personal role in trying to undermine the new measure.

"You can imagine, if you are a Hispanic American in Arizona ..." the president said Tuesday at a campaign-style appearance in Iowa, "suddenly, if you don't have your papers and you took your kid out to get ice cream, you're going to be harassed." On the same day, Attorney General Eric Holder said he was considering a court challenge.

"The practice of the Justice Department in the past with states involving immigration has been to let the courts settle it and not weigh in as a party," says Kris Kobach, the law professor and former Bush Justice Department official who helped draft the Arizona law. Having Justice intervene, Kobach and other experts say, would be extraordinary.

The problem for Obama and Holder is that the people behind the new law have been through this before — and won. Arizona is three-for-three in defending its immigration measures. In 2008, the state successfully defended its employer-sanctions law, which made it a state crime to knowingly employ an illegal immigrant. Facing some of the same groups that are now planning to challenge the new law, Arizona prevailed both in federal district court and at the 9th Circuit Court of Appeals, the nation's most liberal federal appeals court.

Letter from JWR publisher

In federal court in 2005, Arizona successfully defended Proposition 200, which required proof of citizenship for voting and also restricted benefits to illegals. And in 2006, officials won a state-court challenge to Arizona's human smuggling law.

The arguments that liberal groups make against the new law are similar to those made in the past. Foremost among them is the claim that only the federal government can handle immigration matters, and thus the Arizona measure pre-empts federal law.

Lawmakers thought of that ahead of time. "This law was carefully drafted to avoid any legal challenge on pre-emption in two ways," explains Kobach. "One, it perfectly mirrors federal law. Courts usually ask whether a state law is in conflict with federal law, and this law is in perfect harmony with federal law.

"Two, the new law requires local law enforcement officers not to make their own judgment about a person's immigration status but to rely on the federal government," Kobach continues. Any officer who reasonably suspects a person is illegal is required to check with federal Immigration and Customs Enforcement. "As long as the state or city is relying on the federal government to determine immigration status, that will protect against a pre-emption challenge," says Kobach.

But what if the Obama administration argues that the law is a burden on the federal government? Or refuses to assist Arizona in determining a person's legality? The drafters thought of that, too. There's a federal statute — 8 USC 1373, passed during the Clinton years — requiring the feds to verify a person's immigration status any time a state or local official asks for it. The federal government cannot deny assistance to Arizona without breaking the law itself.

Given all that, Obama and Holder will have a hard time stopping this law. Their best hope is that a judge might be swayed by the political storm that has erupted, mostly on the left, by opponents raising the specter of fascism, Nazism, and a police state in Arizona.

That was one thing the drafters didn't expect. As they see it, the old employer verification law was broader in scope and more serious in effect than the new law, and it didn't set off this kind of national controversy. That tells Kris Kobach one thing about the current battle: "It's more about the politics of 2010 than it is about this particular law."

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Previously:




04/27/10 What's behind the anti-Tea Party hate narrative?
04/20/10 As government expands, beware the post-office example
04/19/10 Who wins in 2010? Good luck reading tea leaves
04/12/10 GOP Obamacare strategy: Try repeal, then cut
04/05/10 Obamacare was mainly aimed at redistributing wealth
03/30/10 Message to Dems: People still don't like Obamacare
03/23/10 The coming consequences of Obamacare
03/16/10 Marco Rubio and the Republicans who love him
03/15/10 GOP hopes town halls take health care off table
03/08/10 Dems turn risky health vote into manhood contest
03/01/10 Why Obama defies the public on health care
02/22/10 South Carolina mulls 2012: Romney? Palin? Huck?
02/16/10 GOP winning war over Miranda rights for terrorists
02/09/10 Who are the 300 terrorists held in U.S. prisons?
02/02/10 Is Obama dissatisfied with being president?
01/19/10 The Republican dilemma: Good Michael or Bad Michael?
01/12/10 Now the lawmakers are figuring out what they didn't know
01/05/10 GOP deserves blame for Democratic excesses
12/29/09 Dems' dreams of a blue West begin to turn red
12/22/09 Why Dems push health care, even if it kills them
11/30/09 Dems' kamikaze mission: Health care by New Year's
11/23/09 Why it's a mistake to bring Gitmo prisoners here
11/16/09 Dems' slick fix: $210 billion of fiscal restraint
11/10/09 Obama can't be community organizer for the world
11/02/09 At key moment, Obama leaves health post unfilled 10/26/09 ‘Fierce urgency' for jobs, not health care’
10/12/09 Facts hurt Jennings in youth sex controversy
10/05/09 Amid terror threat, Dems chip away at Patriot Act
09/27/09 In Afghanistan, let U.S. troops be warriors
09/21/09 Under fire, Democrats abandon ACORN in drove
09/14/09 Dems stifle Republican health care plans
09/08/09 For Dems, a serious Charlie Rangel problem
09/07/09 Obama's speech: Wrong setting for a sales job
09/01/09 What happened to the antiwar movement?
08/24/09 Why Dems may jam through health care plan
08/17/09 GOP thinks the unthinkable: Victory in 2010
08/10/09 The empty words of a journalist turned flack
08/03/09 Probe finds new clues in AmeriCorps IG scandal
07/27/09 Obamacare haunted by unkept promises of stimulus
07/20/09 Why the GOP failed the Sotomayor test
07/13/09 What the GOPers will ask Sotomayor
06/29/09 Serious questions remain for Mark Sanford
06/22/09 How GOPers can crack the AmeriCorps scandal
06/16/09 Worried about Sotomayor? Consider Andre Davis
06/08/09 Can Mitch Daniels save the GOP?
06/01/09 When the Dems derailed a Latino nominee
05/26/09 Why the GOP will defeat Obama on healthcare
05/19/09 Rosy report can't hide stimulus problems
05/12/09 The Reagan legacy is the man himself
05/05/09 Sen. Specter, meet your new friends
04/27/09 Ted Olson: ‘Torture’ probes will never end
04/20/09 Who's Laughing at the ‘Axis of Evil’ today?
04/14/09 Congress needs Google to track stimulus money
04/06/09 Beyond AIG: A bill to let Big Government set your salary
03/30/09 On Spending and the Deficit, McCain Was Right
03/24/09 It's Obama's crisis now
03/17/09: Geithner-Obama economics: A joke that's not funny



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