Tuesday, June 21, 2011

GEORGIA STATE OFFICIALS FILE MOTION TO DISMISS IN FEDERAL COURT

Georgia Governor Nathan Deal and other state officials filed a motion to dismiss the federal lawsuit filed by the ACLU and other organizations against HB87. The law suit requested the federal court to declare parts of HB87 unconstitutional and to issue an injunction against it being implemented. The law was assigned to Judge Thomas Thrash, a Clinton appointee who has been known to rule from the bench and has on occasion arisen to declare Georgia law unconstitutional. So the Plaintiffs have hope.
Today arguments were heard in the court room on the motion to dismiss and on the injunctions that Plaintiffs seek. The motion to dismiss argues that the civil liberties groups lack standing and have failed to state a claim. It says the state should be immune from such lawsuits. Both are ridiculous statements. Another ridiculous arguments that the state's lawyers made were that the undocumented could simply legalize their status and would have no problems doing so (false) and to top it all they argued that the law is supposed to help undocumented immigrants! It was clear that the judge did not buy that blatant falsity.
Where is the federal government? It was so quick to intervene in Arizona and should have rightfully intervened in Georgia. But it did not intervene in Utah either where a similar law was enacted earlier this year. I really hope that judge Thrash does not buy the state measly excuses and declares the law unconstitutional because it is.

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