Rising conservative Kris Kobach lays out a succinct analysis that puts to rest any notion that the Obama Administration has any legal justification for suing Arizona over its tough new illegal immigration law, and concluding with the only plausible explanation:
But even if one were to imagine that the Obama administration had a strong legal argument, there would be yet another reason not to file the lawsuit: It is completely unnecessary. Five suits have already been filed by the ACLU and their fellow travelers. The issue is already teed up for the federal courts to decide. The administration achieves nothing by launching its own litigation. Except, of course, for rallying the Democrats’ open-borders base before the 2010 elections.
In a previous part of his National Review Online entry Kobach shows that every federal appeals court who’s considered the issue “support the authority of Arizona to enact its law.” Since the lawsuits arrayed against SB 1070 are almost guaranteed to fail, it will be interesting to see how many open-borders supporters will convince themselves that the Administration’s ploy is worth the bother.
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