Statement from Senate President Russell Pearce on today’s 9thCircuit Ruling
“No one who follows the judiciary should be surprised by today’s ruling of a federal appeals court to refuse to lift a stay blocking parts of SB 1070 from taking effect. When Judge Bolton issued her injunction last July, I cautioned people that the 9thCircuit may do just this. The liberal makeup of the panel makes decisions like this utterly predictable. In addition, the court is the most overturned in the nation.
The basis for today’s split decision is flawed. If Congress wanted to pre-empt the states from enforcing laws, it would have used its plenary powers. There has never been a pre-emption of states’ authority to enforce immigration laws.
SB 1070 is constitutionally sound, and that will be proven when the U.S. Supreme Court takes up this case and makes the proper ruling. With Judge Bolton’s ruling last week to allow the Legislature to intervene, I will now have a seat at the table to help make that case
This battle is a battle of epic proportions. It is about a state’s right to enforce the laws of this land and protect its citizens from those who break our laws.”