Obama's Judicial Activism Obstructs The Rule Of Law

From The Heritage Foundation:

Judicial Activism Obstructs Rule of Law


The President has a constitutional obligation to "take care that the laws be faithfully executed." Federal immigration laws are no exception. Unfortunately, the Justice Department and the Obama Administration have embraced an ill-advised and dangerous policy of not fully enforcing these established laws.



Last week, federal judge Susan Bolton issued a ruling to preemptively stop enforcement of Arizona's new immigration law, which authorizes state law enforcement officials to verify the immigration status of individuals who are arrested with requisite suspicion. Her decision disregards the rule of law, as Heritage's Conn Carroll explains. While Bolton dismissed the president's request to strike down the entire law, flawed reasoning on her part led her to block critical provisions within the law.



Heritage legal scholars Hans von Spakovsky and Jack Park argue that Bolton's "reading of the Arizona statute is illogical and the judge's refusal to defer to Arizona's construction of its own law is legally improper and certainly unnecessary, except for an activist judge with an agenda."



Back in April, Heritage expert Jena Baker McNeil defended Arizona's new law as constitutional. "The Tenth Amendment preserves the traditional police powers of the states to control their own jurisdictions," she wrote. And The Heritage Foundation has long advocated increased involvement and innovation in immigration enforcement at the lowest levels of government.



Though some may herald Bolton's activist decisions as "a warning to any other jurisdiction," other states, tired of what the feds are offering in terms of immigration enforcement, are following Arizona's lead. Virginia Attorney General Ken Cucinelli has advised all Virginia law enforcement officers that, just like Arizona police officers, they can "inquire into the immigration status of persons arrested or stopped."



Cucinelli's opinion is in full accord with federal law and precedent. Virginia law officers should not hesitate to use their new authority. Other states should follow suit. And The Justice Department and the Obama Administration should take note, respect the rule of law and fully enforce our immigration laws