SB-1070 author’s arguments given same weight as 11 foreign countries.

Posted on October 6, 2010


When it comes to presenting an argument on a state’s immigration enforcement policy, whose voice should be given more weight?

As Allahpundit posted at Hot Air, 11 countries have been granted permission to file friend-of-the-court briefs in their opposition to Arizona’s new anti-illegal immigration law, SB-1070 when it is presented before the 9th Circuit Court of Appeals next month.  The move has prompted Arizona’s Governor Jan Brewer to blast our own Department of Justice for supporting the other country’s involvement and compelled her  legal team to file a motion to disallow those briefs.

What has not been widely mentioned anywhere else is that the law’s architect, Arizona State Senator Russell Pearce, was denied permission by the 9th Circuit Court to present his arguments in defense of  SB-1070 in court in November along with the Jan Brewer’s legal team.  Instead, he was granted permission to file a friend-of-the-court brief, just like the 11 foreign countries mentioned above.  In adding insult to injury, the Justice Department had opposed Pearce’s bid to be included as part of the appeal.

In short, the Justice Department wanted to include other countries’ opinions on a state’s law while at the same time wanted to minimize the arguments by the same law’s author whose position the Justice Department opposes.  The end result is that the positions of Mexico, Argentina, Bolivia, Brazil, Costa Rica, Ecuador, El Salvador, Nicaragua, Paraguay, Peru, and Chile will be given the same weight as SB-1070’s author.   Something definitely seems out of whack here.

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