Dude, Where's My Discrimination? Jake Tapper Notes Lack of Discrimination Charge in Arizona Lawsuit
He has forbidden his Governors to pass Laws of immediate and pressing Importance, unless suspended in their Operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them. ---Thomas Jefferson, The United States Declaration of Independence.
Oops! So what happened to all that discrimination and violation of civil rights that the Arizona immigration law was supposed to cause? Apparently the federal government decided it was so lacking that they didn't include it in their lawsuit against the Arizona law. Jake Tapper of ABC News notes the distinct lack of a discrimination charge in the federal lawsuit:
As widely anticipated, Attorney General Eric Holder today filed a lawsuit against Arizona and Gov. Jan Brewer over the state’s immigration law. The suit seeks a preliminary injunction to stop the law from being implemented.
The court filing states that Arizona law is pre-empted by federal law and therefore violates the supremacy clause of the U.S. Constitution.
The filing makes no assertion that the law is discriminatory or risks being applied in a discriminatory fashion, as the president and other officials said they feared would be the case. Interestingly, this suit makes no civil rights charges against the Arizona law.
Huh? So what was all that liberal thunder about how discriminatory the Arizona immigration immigration law supposedly is? Apparently the U.S. Justice Department was unable to find such discrimination to use in its lawsuit. Instead, the federal government is taking the King George III approach when the states attempt to enforce laws neglected by the Crown, oops, I mean the Obama administration.
The Associated Press also notes the embarrassing lack of a discrimination charge in the federal lawsuit:
PHOENIX — The federal lawsuit against Arizona's tough new immigration law focuses heavily on a question that has been in the spotlight repeatedly the past decade and dates back to the Founding Fathers: The right of the government to keep states from enacting laws that usurp federal authority. The lawsuit filed in Phoenix federal court on Tuesday sidestepped concerns about the potential for racial profiling and civil rights violations most often raised by immigration advocates. Experts said those are weaker arguments that don't belong in a legal challenge brought by the White House to get the measure struck down.
Weaker arguments? You can bet that if discrimination could have been detected in the Arizona immigration law, it would have been front and center in the federal lawsuit.
So how are other MSM outlets handling the very notable lack of a discrimination charge in the federal lawsuit against Arizona? Very gingerly. The Washington Post article on this lawsuit is an example. The embarrassing absence of any discrimination charge is only mentioned towards the end of the story:
Although the lawsuit cites potential "detention and harassment" of U.S. citizens and immigrants who do not carry identification documents, it declines to make a legal argument that the law would lead to racial profiling. But a senior Justice Department official, speaking on the condition of anonymity, said that if the law takes effect, "we will monitor it very, very closely, and if we become aware of any racial profiling or civil rights violations, that's something that we would take action on.''
Shh! Let's not focus on the lack of a racial profiling charge in the federal lawsuit against Arizona.