There may be more incompetent Attorneys General who have served Presidential administrations in U.S. History, but few if any of them have had a worse record than the present head of the Justice Department. And should the miraculous happen, and President Obama do the unthinkable, and cut taxes for small businesses, and thereby win re-election in 2012, I wouldn't expect to see Mr Holder make it to term number two.
In blunder after blunder the President has already repeatedly been forced to back away from the decision making at the Justice Department. But the trail of disasters has left legal litter for the administration to clean up in even more ways than they could have predicted.
Holder has overreached so many times people have begun to wonder if his arms were attached backwards at the joint.
Yet no over-reach will have been more embarrassing than the shellacking he is taking in the DOJ vs. the State of Arizona. If the early signals are indicative of the judge's final outcome I personally don't know how he survives in the administration.
Since the administration announced it would be suing the state of Arizona of its own rights to enforce the law within it's boundaries, legal scholars I've spoken with have by the dozens scratched their heads, and issued muted puzzled responses on what the clear legal strategy was for Holder to win. Evidently the judge in the case, Susan Bolton - a democratic appointee - had some of the same strange curiosities. She is openly questioning the grounds on which the government brought its case against state law SB 1070 - the non-controversial state law that allows the local police and sheriffs to assist federal authorities in determining the legal status of those coming into contact with the state.
As most of America now knows, SB 1070 maintains the same guidelines as federal immigration law, but goes one step further in toughness--against those in law enforcement. It clearly penalizes abuse of the statute by an entity attempting to racially profile with enforcement of it.
The DOJ under Eric Holder's direction is attempting to argue that the state law preempts federal law. The judge has openly, almost mockingly, poked holes in the thinking behind such a claim. Bolton has also openly wondered why the government should concern itself in any regard with a state's desire to be seen as hospitable or not.
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