Is this a great country or what? - Ahwatukee Foothills News: Opinion

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Is this a great country or what?

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Posted: Thursday, August 26, 2010 11:00 am

Upon receiving the news that Federal Judge Susan Bolton had blocked the "meat of the law" in Senate Bill 1070 and issued a Temporary Injunction, State Sen. Russell Pearce (R-Mesa), who authored SB 1070, speculated that the state of Arizona would lose its appeal in the Ninth Circuit Court in San Francisco. He made this prediction based upon the fact that a majority of the judges who sit on this court are registered Democrats.

Now follow this closely. Pearce and others suggest that Bolton was "legislating from the bench," something that Republicans allegedly abhor. Pearce went further to suggest that once this case goes to the United States Supreme Court that Arizona would win by a vote of 5-4 given that five of these judges are registered Republicans. I guess legislating from the bench when you win is fine, but not so fine when you lose?

The real point here is that no state Legislature in this country can legislate wrong-headed or ill-advised laws that step outside their political jurisdiction or violate the Constitution, Bill of Rights, etc.

Our Founding Fathers had the wisdom and foresight to set up a system of checks and balances to ensure that a "runaway" state Legislature must pass the litmus test of law. I would expect our so-called Republican Supreme Court Justices to be insulted by and unimpressed with Sen. Pearce's view of them as simply political hacks who will overturn lower court's decisions simply based upon partisan politics. Mr. Pearce, we are still a country of laws and not of men.

Of course, it will take one to two years before the Supreme Court will hear this case, if at all, and hopefully by then a comprehensive immigration reform bill will have been signed into law by the president. Until then, God bless Judge Bolton and God bless America.

Jon Beydler is a 32-year Valley resident and the former mayor of Fountain Hills. He lives in south Chandler.


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