If you watched the video above, you are now aware that the 9th Circuit Court of Appeals recently allowed eleven foreign nations to file briefs with the court in connection with the federal government's lawsuit against Arizona regarding its illegal immigration law.
Of course, you have also just learned each of the following points from Fox News' crack team:
- eleven nations are now "at war with Arizona;"
- the court's ruling allowing foreign nations to file briefs with the court is Obama's fault, and is actually part of a concerted effort by Obama to introduce foreign law into the US to supersede the Constitution;
- the foreign nations' court filings are a "violation of our soverienty;"
- the Department of Justice is "weighing in on the side of the foreign governments;"
- "Mexico has bigger problems to worry about than the Arizona immigration law;"
- the Fox News viewer who posted the video on youtube believes this issue is worth impeaching Obama over.
It's hard to know where to begin here, so let's start with the underlying premise that Obama had anything to do with the ruling. The 9th Circuit is currently comprised of 26 Circuit Judges and an additional 21 Senior Circuit Judges(a total of 47 judges). Guess how many were appointed by Obama? Zero. Obama has nominated two judges to the Ninth Circuit (Murguia and Liu), but, as is the case with most of his judicial nominations, Republicans have blocked their confirmation. Fox News may not like the Ninth Circuit's ruling on this motion, but the ruling has absolutely nothing to do with Obama, and it most certainly has nothing to do with a concerted effort by Obama to introduce "foreign law" into the US.
So what is the ruling all about, if not Obama's concerted effort to ensure foreign law rules supreme? The Federal Rules of Appellate Procedure are a great place to start in answering that question (which were in place long before Obama took office). As provided in the rules, the court has the discretion to accept amicus briefs from foreign nations, and it chose to do so. Whether Fox agrees or not, foreign nations do have an interest in Arizona's law, just as the US frequently has an interest in foreign laws and interjects its opinion. By accepting amicus briefs, the court has done nothing more than allow the amicus parties a voice in the proceedings. The court isn't required to agree with their opinions, or even consider their opinions when making its ruling. Courts routinely permit amicus briefs to be filed in controversial cases and this case is no exception. In fact, in addition to the eleven foreign nations, the court also allowed 21 other parties to file amicus briefs (on both sides of the issue), including Friendly House Plaintiffs and five Arizona cities.
Fox News isn't interested in honestly discussing the amicus filings. It's graphic asking if eleven nations are now "at war with Arizona" makes that point clear. Eleven nations disagree with Arizona's law, but so too does the United States federal government and millions of Americans. Disagreement is hardly tantamount to "war." Similarly, permitting a foreign nation to express its opinion on an American legal issue of high importance to that nation in no way undermines US sovereignty. The case will be decided by American courts in accordance with American law. The very fact that the foreign governments had to ask permission of the court to file an amicus brief ought to have suggested to Fox that the US hasn't relinquished its sovereignty.
Fox wraps up its amazingly ignorant segment by arguing that Mexico has more important things to do than submit a brief to the 9th Circuit. Perhaps Fox is under the impression that Mexico consists of one guy who can only do one thing at a time. I feel fairly confident that isn't the case and that an attorney for Mexico can spend time writing an amicus brief without bringing the rest of Mexico's business and industry to a crashing halt.
Fox News and Arizona's governor, Jan Brewer, are highlighting this issue precisely because they know it plays well politically with their viewers and base. Heaven knows, the immigration debate could always use more baseless accusations and fiery rhetoric in lieu of reason and calm reflection.
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