Friday, December 19, 2014

READ: Gov. Brewer Banking On ChangingTwo Supreme Court Justices' Minds That Arizona Can Refuse To Issue Driver's Licenses To DREAMers

Arizona Governor Jan Brewer is banking on convincing at least two more U.S. Supreme Court Justices that Arizona should be permitted to decide whether or not to issue driver's licenses to DREAMers (aka DACA recipients).  Notwithstanding that only 3 of the 9 Justices felt that Arizona had a likelihood of prevailing on the merits of the case - thus requiring that the state start issuing the licenses (starting this coming Monday, December 22) - Brewer is moving forward with an appeal.

Arizona's Politics reported yesterday that U.S. District Court Judge David Campbell has also set January 7 for oral arguments on motions that will grant a permanent injunction against Arizona's refusal, or will dismiss the DREAMers Equal Protection claim

Brewer is instructing the law firm of Fennemore Craig to fight the permanent injunction, but last night's statement is also indicating a push for a U.S. Supreme Court appeal of the 9th Circuit decision to require the issuance of the driver's licenses.  

The State had asked the U.S. Supreme Court earlier this month for permission to continue the Governor's refusal to issue while the appeal was pending.  Only Justices Antonin Scalia, Clarence Thomas and Samuel Alito agreed with Brewer's position.

Arizona Governor Jan Brewer's Statement from last night:
“The right to determine who is issued a driver license is reserved for the states – not the federal government or an unelected judiciary. It is outrageous that Arizona is being forced to ignore longstanding state law and comply with a flawed federal court mandate that requires the state, at least temporarily, to issue driver licenses to individuals whose presence is in violation of federal law, as established by the United States Congress.
“At stake in this case are the fundamental issues of constitutional law and state sovereignty. Arizona has the constitutional right and authority to enforce state statute. This right must be protected. It must be defended. And as long as I am governor, I will do exactly that.
“It is important to remember that courts have yet to consider the full merits of the case, and I believe that Arizona will ultimately prevail.
“Consequently, I have instructed my legal team to move forward in pursuing a full review of this matter before the United States Supreme Court as soon as possible.”
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