Federale focuses on the extraordinary statements by Judge John Noonan, alas a Reagan appointee:
...more frightening is the concurrence by Judge Noonan and the contempt that concurrence has for Acts of Congress. According to Noonan, the laws governing entry of aliens and their authority to remain in the U.S. is not a matter of legislation, but a matter of policy. Short shrift is given to the Immigration and Nationality Act and its amendments, and the public opinions of Regime officials and foreign politicians are given veto over duly passed and signed laws of the United States.
"I concur in the opinion of the court. I write separately to emphasize the intent of the statute and its incompatibility with federal foreign policy. …In matters affecting the intercourse of the federal nation with other nations, the federal nation must speak with one voice."
As Federale notes, this is completely absurd:
…the one voice that is spoken on immigration policy is the Immigration and Nationality Act, as amended. That operates separately from any foreign policy. The law says that certain aliens can be admitted. It also says that certain aliens cannot be admitted, regardless of any "policy" of a particular administration. It also says that certain aliens must be removed from the United States.
Quite correctly, Federale fastens on a telling admission by Noonan
"The Arizona statute before us has become a symbol. For those sympathetic to immigrants to the United States, it is a challenge and a chilling foretaste of what other states might attempt."
...that is the crux of the issue. Two judges support illegal immigration. Nothing more, nothing less. And they will use naked judicial power to further their support for illegal immigration. The law be damned.
Federale applauds Judge Brea’s plaintive dissent, in which he said
"It is Congress’s intent we must value and apply, not the intent of the Executive Department, the Department of Justice, or the United States Immigration and Customs Enforcement. Moreover, it is the enforcement of immigration laws that this case is about…"
This kind of despotism will continue until tempered by impeachment.
Has anyone heard anything from the GOP Congresscritters?