The Corner

Judge Will Let DOJ Suit Against Arizona Proceed

From the Courthouse News Service, a federal district judge has rejected a motion to dismiss the suit brought by the Obama Justice Department against the state of Arizona:

PHOENIX (CN) – A federal judge rejected motions in which Gov. Jan Brewer, Maricopa County Sheriff Joe Arpaio and Pinal County Sheriff Paul Babeu sought dismissal of a lawsuit challenging the constitutionality of Arizona’s new immigration law.      

The complaint filed by civil rights groups, including Friendly House and the American Civil Liberties Union, contains sufficient allegations that S.B. 1070 perceptibly impairs the ability of the organizational plaintiffs to provide the services that the organizations were formed to provide, and as a result, there can be no question that the organizations have suffered an injury in fact, U.S. District Judge Susan Bolton ruled.      

“While Governor Brewer correctly points out that, for the most part, the organizational plaintiffs’ allegations involve threats of future harm, the threat of future harm is sufficiently imminent.”   

Bolton found the civil rights groups have standing to bring the lawsuit because the “alleged harm to the organizational plaintiffs will occur if S.B. 1070 goes into effect, regardless of how it is enforced or applied.”      

Bolton wrote that “race, alienage, or national origin discrimination was a motivating factor in the enactment of S.B. 1070.”

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