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Judge Andrew Napolitano – Arizona’s new immigration law will bankrupt GOP and the state

April 25, 2010

Update – GS from Honesty in Motion challenged me on the requirement to produce ID on demand. It is not in the bill. I know it was there a few days ago when I read this because I remember the Az Drivers License being mentioned in the very first section (section 11-1051 in the bill that is on the AZ legislature website). I don’t know if I read an old version of the bill or it was an amendment that didn’t pass but in any case it isn’t there now and that was my major complaint about the bill. I still think the reasonable suspicion language will cause some problems but I’ll let that fight it’s way through the courts.

I feel hypocritical even mentioning this, normally I think Napolitano is a complete idiot, but I guess everyone is right occasionally.

Napolitano: She’s gonna bankrupt the Republican Party and the state of Arizona. Look at what happened to the Republicans in California with the proposition —

Cavuto: What happens?

Napolitano: Ah, Hispanics — who have a natural home in the Republican Party because they are socially conservative — will flee in droves. She’s also gonna bankrupt her state, because no insurance company will provide coverage for this. And for all the lawsuits that will happen — for all the people that are wrongfully stopped — her budget will be paying for it. Her budget will be paying the legal bills of the lawyers who sue on behalf of those that were stopped.

This will be a disaster for Arizona — to say nothing of the fact that it’s so unconstitutional that I predict a federal judge will prevent Arizona from enforcing it as soon as they attempt to do so. That will probably be tomorrow.

Don’t get me wrong, illegal immigration is an enormous problem and it has to be stopped. I just don’t think this bill meets legal muster.



What’s wrong with this picture? Protesters in Eugene, Or, (Home of the Anarchist group that was largely responsible for the Seattle WTO riots in 1999) greet Sarah Palin with a message of respect and tolerence.


Al Qaeda ‘Leaders’ Plotted NYC Subway Attacks

In a Brooklyn court hearing on Friday, federal investigators presented eyewitness evidence that, at least as of 2008, Al Qaeda “central” was still capable of organizing plots on U.S. territory. Zarein Ahmedzay, a confessed member of a terror cell that was plotting suicide-bomb attacks on the New York City subway system last September, told a federal judge that he and two of his colleagues were personally recruited for their mission by two top Qaeda operatives, one of whom was Saleh al-Somali, identified by the feds as “the chief of international operations” for the terror group.


Ahmedzay’s account of how the alleged U.S. plotters were personally counseled and instructed by top Qaeda terrorists is among the first evidence to surface in years that operatives believed to be close to Qaeda’s fugitive paramount leaders, Osama bin Laden and Ayman al-Zawahiri, as of 2008 were still capable of organizing a plot intended to cause mass casualties against a major target inside the U.S. However, since that time, crackdowns by U.S. and Pakistani security forces against Qaeda operatives hiding out in Pakistan have taken a further toll on the group’s leadership.

This is really scary stuff. Ideas are cheap and there is always some idiot out there willing to give them a try. Training is a little more problematic but for three guys you don’t need a huge training camp. I give it another 2 years tops and these people will have their shit together and will be able to stage another attack on the US.

Hate Crime Caught on Camera – I refuse to embed the video, people like the perpetrator of this outrage should not be encouraged.

From fark – “Want to insure that Obama will not be able to snatch you or your loved ones from bed in the dead of night to face the judgment of his Obamacare Death Panels, but worry you can’t afford such coverage?” That does seem like insurance that I would buy, unfortunately it is apparently a big scam. The good ideas always are these days.

In a blow to those of us hoping to avoid their complete domination of the world China has figured out it’s population control policies were leading it towards social extinction.

For years, China curbed its once-explosive population growth with a widely hated one-child limit that at its peak led to forced abortions, sterilizations and even infanticide. Now the long-sacrosanct policy may be on its way out, as some demographers warn that China is facing the opposite problem: not enough babies.


A people shortage may seem unlikely in a country of 1.3 billion, the most in the world. The concern, though, is not with the overall number. Rather, as the population shrinks, which is projected to begin in about 15 years, China may find itself with the wrong mix of people: too few young workers to support an aging population.

It is a combination that could slow or, in a worst-case scenario, even reverse China’s surging economic growth. The government and families will have to tap savings to care for the elderly, reducing funds for investment and driving up interest rates. At the same time, labor costs probably will rise as the work force shrinks and squeeze out some industries.

It almost worked, they almost broke themselves. Now we need a diabolical plan to insure the continuation of American hegemony.

Speaking of diabolical plans

[Speaking regarding the threats made by the group Revolution Muslim against the creators of South Park]

Ibrahim Hooper, a spokesman for the Council on American-Islamic Relations, a Washington, D.C.-based civil rights and advocacy group, called Revolution Muslim “an extreme fringe group that has absolutely no credibility within the Muslim community.

“In fact, most Muslims suspect they were set up only to make Muslims look bad,” Hooper said. “We just have very deep suspicions. They say such outrageous, irresponsible things that it almost seems like they’re doing it to smear Islam.”

I’m sorry to tell you Ibrahim, you don’t need help to make the Muslim community look bad. People like you and Revolution Muslim are doing fine by yourselves. (I am not trying to denigrate all the peaceful Muslims that are out there, but by making threats like Revolution Muslim did and then having a major Islamic group refusing to condemn the treats it does make the community look bad. Think of it as the equivalent of the pedophile priest scandal for the Catholics.)

13 Comments leave one →
  1. Major Scarlet permalink
    April 25, 2010 8:15 am

    if immigration reform causes hispanics to vote against the reformers, in other words they support and defend illegal immigration, then i don’t want them in the republican party. IMO, that shatters the myth they have a “natural home” in the GOP.

    my wife is hispanic, educated, from a well to do family, religious, a capitalist, but a left wing, marx quoting socialist (she didn’t know she was quoting it until i pointed it out). Culturally speaking, it isn’t a given just because they are religious they belong in the GOP. Many hispanics grow up hating the US. While they may come here to work, they despise us for what we stand for. This would give them a “natural home” with the DemCong.

    • jenn1964 permalink*
      April 25, 2010 10:44 am

      I think Napolitano’s point is that the only way to enforce the provision about reasonable suspicion that a person is illegal is by profiling and that requiring citizens of Hispanic origin to carry ID and prove their citizenship will be such a harassment that those who would normally support GOP policies will either not vote or vote democratic because of the harassment.

  2. April 25, 2010 11:48 am

    Eh, read Prof. Jacobson’s take on this over at Legal Insurrection for a lawyer’s POV. But honestly, I’ve read the bill, and like the good Prof says, it still requires a LAWFUL CONTACT (i.e. lawful detainment for another reason). It just allows peace officers to then request the proper legal ID’s, which, believe it or not, was illegal in some of the towns down south here in AZ. This measure is not racist, not stupid, and not ill-conceived. Read it. Also, as a Dem friend of mine put it, if it were to be enforced in the ways the worryworts are saying it will be, Arizona WOULD be buried under unlawful arrest suits. I don’t think that we’re going to have South African-style Dombpass checkpoints.

    • jenn1964 permalink*
      April 25, 2010 1:39 pm

      I have read the bill in it’s entirety. I also read Professor Jacobson’s analysis I also know that the Supreme Court has ruled that requiring citizens to carry ID is unconstitutional. A police officer can require you to identify yourself as in the case of Stop and Identify laws, but they can only request a verbal ID. There have been allegations that the Maricopa County Sheriffs Office has used such checkpoints in Hispanic neighborhoods.

  3. Major Scarlet permalink
    April 25, 2010 3:35 pm

    what a conundrum. it would appear it’s almost impossible to enforce immigration laws for fear of civil rights violations. i would caution that laws have changed over time based on public sentiment. public ire over illegal immigration may cause a critical breaking point for current laws. historically, immigrants have been welcome if they are legal and they assimilate. we are beginning to see friction in the south and west over this. there are too many illegals and they are not assimilating. add to that the growing security problem of the drug gangs and you get the current situation we are in. the people want action. making matters worse, the race baiter’s and civil/human rights groups are getting involved. the day the arizona legislation was signed, a hispanic lead riot broke out. the last thing hispanics want or need is to reinforce negative stereotypes.

    • jenn1964 permalink*
      April 25, 2010 4:18 pm

      I don’t really think it is a conundrum. My suggestion would be to a) invalidate sanctuary city policies, b) run immigration checks on all prisoners at local and county jails, c) continue to enforce the employer sanctions that have already been upheld in court, d) begin an aggressive ad campaign explaining that we are not anti-hispanic, or anti-immigrant, but that we are anti-illegal immigration and that illegal immigration hurts everyone by lowering wages and impacting social services. I don’t think any of these would violate any civil rights.

  4. April 25, 2010 9:43 pm

    There is no “ID mandate” in the bill, though.If you can’t give a reasonable verbal ID and you’re being stopped for a lawful reason, then there is no reason why immigration law shouldn’t be enforceable after this point. I think you’re seeing something that just isn’t there. For any non-traffic stop to be lawful, you’d have to be committing a crime, at which point, verbal ID or not, you can be detained.. also, again yo, I live here, in a hispanic neighborhood. I am hispanic. I can’t say that any of the shit that gets spread around nationally has happened to myself or anyone I know. Some dudes that stand on the side of the road on Arizona Ave. in Chandler get scooped up from time to time. They’re pretty illegal.

    • jenn1964 permalink*
      April 25, 2010 10:19 pm

      I just read the bill again and you’re right there is no ID requirement in there. I know that when I first read this a few days ago I specifically saw a produce ID on demand provision or I wouldn’t be complaining about it. As I recall there were 4 or 5 documents that were listed that could satisfy the demand to prove legal residence. I guess it is possible I read an older version or a proposed amendment.

      As to the other I can’t say if the MCSO is sweeping through neighborhoods rounding up everyone who looks the least bit Hispanic or setting up roadblocks and checking everyone. All I can say is that the allegations have been made, and that is all I did say.

  5. majorscarlet permalink
    April 25, 2010 10:30 pm

    jenn.. my wife is hispanic and worked for the civil rights department in oregon. she and i had a huge argument about this. she is convinced this legislation is a violation of civil rights… regardless of the fact that she hasn’t read it. al sharpton and all the other race baiters will descend on this legislation for their own purposes. it’s going to get ugly. just wait and see.

    • jenn1964 permalink*
      April 26, 2010 6:13 am

      Oh Yeah, it is going to get ugly. I was just listening to the news and heard someone else making the same claims about ID requirements I did and talking about lawsuits. I wonder how many people read the same version of the bill I did?

  6. xbradtc permalink
    April 26, 2010 9:36 am

    For any non-traffic stop to be lawful, you’d have to be committing a crime, at which point, verbal ID or not, you can be detained..


    The police know several different ways of making a non-traffic stop, even with no obvious evidence of a crime, where further investigation leads to evidence of a crime.

    For instance, lets say the police see a guy walking along the street they think is a little shady. They can make a “welfare stop” to “see if the guy is OK” and then under 0fficer safety provisions, intrude upon that citizen to produce ID, endure a pat down, and explain what they are doing in a neighborhood.

  7. April 26, 2010 12:32 pm


    Okay, ya got me, I’m a fucking idiot.

    Yeah, I know they can do that. But considering that they are legally allowed to do so, it doesn’t take away from the point that I made. I’m not saying that I agree with the ability, but it doesn’t invalidate the argument.

    I’m not a huge fan of the expanded powers of police, but I also refrain from wearing a hat made of tinfoil, so take my statement for what it’s worth.

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