Arizona tells court anti-1070 claims 'speculative' - Law will Allow Police to Stop & Detain any Non-White Person
Arizona is eager to implement this racist law which legalizes police stops and detentions of persons based on physical characteristics. It would be reasonable under SB 1070 for police to stop and detain all persons who look Latino to the police - any stop and detention of a non-white person. Sec. 2(B) cannot be implemented without violating the 4th Amendment’s prohibition on unreasonable searches and seizures and the 14th Amendment Equal Protection Clause. From [HERE] Attorneys for the state asked a white federal judge late Friday to reject a new bid to block a key provision of SB 1070 from taking effect.
In legal papers filed in U.S. District Court, lawyers for the state said claims by foes of the law that it will necessarily result in racial profiling are "entirely speculative.' And John Bouma, the lead attorney for Arizona, pointed out that the statute itself "expressly prohibits racial profiling.'
It will be up to Judge Susan Bolton (photo right) to decide whether what foes have dubbed the "papers please' provision of the 2010 law aimed at illegal immigrants can take effect. She is under a deadline of sorts.
The U.S. Supreme Court ruled in June that Bolton acted improperly in granting an injunction in 2010 against the same provision even before the law took effect. And earlier this week the 9th U.S. Circuit Court of Appeals, which had previously sided with Bolton, sent her an order formally informing her of the high court's ruling.
But that injunction remains in place until Bolton acts. In the interim, opponents are hoping to get a new bar to the law.