Tag Archives: United States District Court

Federal Judge Blocks Controversial Portion Of Arizona Immigration Law

Seal of the United States Department of Justice

Image via Wikipedia

FindLaw.com’s blog is reporting news today that a federal judge has preliminarily blocked enforcement of at least a portion of Arizona‘s controversial immigration law, known as the Support Our Law Enforcement and Safe Neighborhoods Act.

Because the Arizona immigration law contained a “severability clause” – a clause that allows a provision of law that is of questionable legality to be severed from a larger statute or body of laws – U.S. District Court Judge Susan Bolton did not enjoin enforcement of the entire law.  However, she did enjoin enforcement of the controversial portions of the statute until resolution of the U.S. Department of Justice‘s lawsuit against the State of Arizona is resolved.

That lawsuit, filed by the U.S. on July 6, 2010, argues principally that immigration law is a matter left up to the sole legislative authority of the federal government, an argument known as “pre-emption.”  “Pre-emption” finds its roots in the U.S. Constitution’s “supremacy clause,” which states:

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

U.S. Const., Art. VI, Clause 2. (Emphasis added.)  See also, Wikipedia article here.

In reaching her conclusion, Judge Bolton determined that, in all likelihood, the U.S. would be successful in its lawsuit against the State of Arizona.  This determination is a pre-requisite finding before a federal judge can enjoin the enforcement of a law.

A copy of Judge Bolton’s order has been downloaded to the Box for viewing.

Breaking News Update!

Arizona Governor Jan Brewer said Wednesday she would swiftly appeal a judge’s ruling blocking key parts of a new state immigration law, vowing to take it all the way to the Supreme Court.  You can read the Arizona Governor’s response here, courtesy of Yahoo.com.

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Map Of U.S. Circuit Courts of Appeal Available In The Box

Have you ever wondered what the geographic boundaries of the U.S. Courts of Appeal are?  How about the U.S. District Courts?  If you have, then you may want to check out the excellent map in The Box, courtesy of Wikipedia.  The map shows each of the 11 U.S Circuit Courts of Appeal’s territories as well as the District Court territories within them.  This map would be a useful teaching tool for teachers or for student projects.  Link to the Wikipedia article here.

Enjoy!

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Jury Hits Pharma Giant Novartis With Sex Discrimination Verdict

Breaking News from NYC:

A NYC jury has rendered a verdict against pharmaceutical giant, Novartis, finding that the company had engaged in a pattern and practice of discrimination against women.  In particular, the jury found that the company paid women less than men and treated pregnant women unfavorably.  You can link to an article from ABC News here, discussing the case.

Second Sex Discrimination Verdict Against Novartis:

This verdict is the second sex discrimination verdict the company has suffered in the last few months.  In early March, a jury in the United States District Court for the District of Columbia rendered a verdict in favor of pharmaceutical sales representative Mary Kate Breeden against Novartis, awarding her $289,669on on a claim of retaliation for taking leave under the Family and Medical Leave Act (FMLA).

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