April 23, 2012 - Supreme Court must uphold rule of law in face of Obama's onslaught

On April 25 the United States Supreme Court will hear arguments on the constitutionality of Arizona’s Senate Bill 1070, which passed the Arizona Legislature in 2010 but has never taken effect because federal judges have blocked it.

The decision facing the United States Supreme Court is whether they will support the right of the people of Arizona to uphold the rule of law, or side with President Obama and his pandering to foreign governments who are at odds with the American people on the issue of illegal immigration.

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January 30, 2012 - My Report: National Sheriff’s Association Conference, the Civil Rights Division of the U.S. Department of Justice, Fort McHenry and the Supreme Court - Sheriff Larry Dever

Two weeks ago, the National Sheriffs Association convened its annual winter meeting in Washington D.C. We generally hold this meeting to coincide with members of Congress coming back to the jobs we expect them to pay attention to. Sadly, the Senate was still mostly adjourned and the majority of House members were still back home. I am writing you, not to disparage Congress, but to bring new attention to the outrages and atrocious antics of our own U.S. Department of Justice and Department of Homeland Security.

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December 12, 2011 - U.S. SUPREME COURT TO HEAR AZ SB1070 CHALLENGE

The U.S. Supreme Court will hear Arizona's challenge to the injunction leveled against the most strident anti-illegal immigration provisions of S1070. The bill was signed into law by Brewer in April of 2010, but its measure that requires police to inquire about the immigration status of suspected illegal immigrants they encounter and its creation of a state law that makes it a crime to be in the country illegally were put on hold by U.S. District Court Judge Susan Bolton in July 2010. A subsequent state appeal to the Ninth Circuit Court of Appeals was unsuccessful. The U.S. Supreme Court's decision to accept the case was published in a court order this morning. The order noted that Justice Elena Kagan did not participate in the S1070 deliberations, and the court's official blog reported that Kagan's recusal is likely due to her former position as the U.S. Solicitor General

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Cochise County Sheriff Larry Dever filed an amicus curiae brief, Amicus Brief final focusing on what he sees, from a law enforcement perspective, to be the most essential part of SB1070, which was enjoined by the U.S. District Court’s previous ruling.

Abstract

As required by law, the brief was limited to 15 pages. The sheriff decided that instead of briefing all of the issues minimally, he would go into depth in the briefing of this section of particular importance to how the sheriff does his job. In the course of the brief, he lays out a narrative on why SB1070 is necessary. ........ Read Article...

In the Supreme Court of the United States: BRIEF AMICUS CURIAE FOR COCHISE COUNTY SHERIFF LARRY A. DEVER IN SUPPORT OF PETITIONERS

ARGUMENT

1. THE COURT SHOULD GRANT REVIEW BECAUSE (1) THE NINTH CIRCUIT WRONGLY FOUND THAT S.B. 1070 IS PREEMPTED BY THIS NATION’S FOREIGN AFFAIRS POWER; AND (2) THE DECISION BELOW MISAPPLIED THIS COURT’S FOREIGN AFFAIRS PREEMPTION DOCTRINE.....

2. CONFLICT WITH OTHER CIRCUITS REGARDING THE APPLICATION OF GARAMENDI: IS AN EXPRESS FOREIGN POLICY REQUIRED OR NOT? ......

3. THE NINTH CIRCUIT’S FOREIGN AFFAIRS PREEMPTION ANALYSIS RELIES ON IMPROPER EVIDENCE ........

4. THE COURT SHOULD ADDRESS THIS ISSUE NOW BECAUSE ALL 50 STATES HAVE INTRODUCED LEGISLATION RELATING TO IMMIGRATION ........ Read Entire Brief...
   

The Arizona Immigration Law: Racial Discrimination Prohibited

Abstract:
Why has the Obama Administration, as part of its lawsuit against the Arizona statute that attempts to help enforce national immigration laws, not claimed that the state law requires or allows illegal racial profiling? The answer is surprisingly simple: Arizona state law actually contains more stringent restrictions against racial profiling than federal guidelines published by the U.S. Department of Justice (DOJ). Consequently, if the Obama Administration files suit alleging that the Arizona law is illegal because it uses racial profiling and is discriminatory, it will also have to file suit against all of the federal law enforcement agents who follow DOJ’s Guidance on race profiling in law enforcement activities. Such a suit against Arizona is completely unwarranted and would constitute litigation based on political or other improper consider¬ations, not the rule of law.
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