So far the government’s case against Arizona is going about as well as their case for the drilling moratorium:
“Why can’t Arizona be as inhospitable as they wish to people who have entered or remained in the United States?” U.S. District Judge Susan Bolton asked in a pointed exchange with Deputy Solicitor General Edwin S. Kneedler. Her comment came during a rare federal court hearing in the Justice Department’s lawsuit against Arizona and Gov. Jan Brewer (R).
Bolton, a Democratic appointee, also questioned a core part of the Justice Department’s argument that she should declare the law unconstitutional: that it is “preempted” by federal law because immigration enforcement is an exclusive federal prerogative.
“How is there a preemption issue?” the judge asked. “I understand there may be other issues, but you’re arguing preemption. Where is the preemption if everybody who is arrested for some crime has their immigration status checked?”
Writes Ed Morrissey: “Based on the initial reactions of Bolton, the White House may get laughed out of court more quickly than first thought.”
Obama is his own worst enemy — he obviously believed all the “walk on water” press clippings he got from the Obamaniacle media and figured the courts would buy into it too. So far it doesn’t seem to be turning out that way.
In the meantime, Jan Brewer has a 19 point lead in the Arizona governor’s race.
Update: La Shawn Barber has a piece at Pajamas Media about a state’s right to enforce immigration law.