RealClearPolitics.com

July 30, 2010

By Rich Lowry

Judge Susan Bolton has to get credit for her cheekiness. She took a matter of profound national concern and injected an element of hilarity into it.

As gloriously ridiculous as a classic Monty Python skit, the federal judge's decision blocking Arizona's immigration law is an appropriate first volley in the legal war over the law. If our immigration system is to be defined by a judicially sanctioned lawlessness, we might as well dispense with the pretense.

Acting in keeping with federal law, court precedent, and a Department of Justice legal memorandum (not to mention common sense), Arizona said its law-enforcement officers would henceforth check the legal status of suspected illegal immigrants during the course of a lawful stop or arrest. To conclude that the law likely will be struck down for "preempting" federal regulations, Judge Bolton had to engage in complicated judicial gymnastics, which she nailed with all the skill of a Mary Lou Retton in robes.

Taking her cues from the Obama administration's suit against the law, Judge Bolton worried that too many legal aliens would be caught up in Arizona's dragnet. Of course, these aliens are already required by federal law to carry proof of their legal status. But let's put that aside (as Judge Bolton does). She claims that too many legal aliens without ready access to documents proving their lawful entry into the U.S. will be put at risk, including visitors from visa-waiver countries.

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