This morning, I heard Bill Handel on KFI say that the Arizona law, despite the fact that he liked it, was going to be struck down because it clearly preempts federal law, which has sole jurisdiction over immigration. I will note, for the record, that Bill Handel is often an idiot on the law, at least when it comes to Constitutional issues like this (he may be very good on the real-estate and litigation stuff, what would I know?).
Well, the Judge who is deciding the case can’t understand this argument. And I don’t think it’s because he’s stupid. As the second commenter notes (and far be it from me to sound cynical), we have to take seriously the possibility that the lawsuit was brought for purely political purposes, despite the fact that they have absolutely no legal case. Not to mention the fact that they completely ignore “sanctuary cities,” which do in fact preempt, and even interfere with, federal law, instead picking on a state that is simply helping them enforce it.