The Insufferable Lindsey Graham

There are many politicians I disagree with, dislike, and even cannot stand.  Lots of them are on the left, but there are plenty on the right as well.  Special mention goes to Lindsey Graham.  There is something truly annoying about him, something self-righteous in his attempts to straddle the aisle and position himself as the voice of reason, the only rational man in the Senate.  So when he gets caught being hypocritical or nonsensical, it is more annoying than usual. 

 Case in point — his apparent opposition to the Obama Administration’s lawsuit against Arizona over S.B. 1070, which was enacted in an attempt to control the massive influx of illegal immigrants into Arizona.  Graham called the Arizona law unconstitutional in April; now he opposes the lawsuit attempting to get a ruling declaring it to be unconstitutional

I don’t believe that the lawsuit is anything other than blatant pandering to Hispanic voters in a really bad electoral year for the Dems.  Frankly, politics appear to be the source of every strategy and position of the current administration.  I have little evidence of good faith in anything it does. 

But if the administration — and Graham — actually believe the law is unconstitutional, there is nothing wrong with filing a lawsuit to establish that it is unconstitutional.  I have not researched or litigated a preemption issue in a number of years, and I have never litigated one predicated primarily on the “interfere[nce] with federal enforcement priorities” theory advanced in the pending lawsuit.  But my cursory review of the complaint, high level understanding of preemption law, and familiarity with the 9th Circuit Court of Appeals leads me to conclude that the Feds are very likely to win at the 9th Circuit level but will then get reversed at the Supreme Court level. 

So the lawsuit is not complete bullshit.  If Graham really believes the law is unconstitutional, he should stand by his convictions and his oath to uphold the constitution and either support it or at least shut the hell up.

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Published in: on July 8, 2010 at 10:13 am  Leave a Comment  

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