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July 06, 2010

USA v. Arizona
UPDATE

A copy of the complaint is now available (PDF) and yes, the lawsuit is officially captioned "The United States of America v. The State of Arizona." As anticipated, there is a preemption claim. Also a supremacy clause claim and a commerce clause claim.

More info, including the GOP response is at the Blog of Legal Times.

Update: Here's the government's motion for preliminary injunction. It goes much further into the legal nitty-gritty of preemption, supremacy, and commerce.

Ed Morrissey notes that the lawsuit does not allege racial discrimination. Well, no. It's quite difficult to demonstrate pre-enforcement discrimination for a law that's facially neutral. Discrimination suits are apt to follow (if, you know, actual discrimination occurs rather than just predicted discrimination).

Preemption is, as Ed's correspondent writes, the obvious choice for a suit at this stage. Remember, they got Capone on tax evasion. This is lawfare and not to be mistaken for anything resembling common sense.


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posted by Gabriel Malor at 03:27 PM

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