Litigation

Controversial Judge: ?Unhinged? or ?Impeccable??

By Peter Hardin

Federal District Judge Susan Bolton (photo at right) came under withering criticism from some foes for her ruling that enjoined the most controversial sections of Arizona?s new immigration law from taking effect (see Gavel Grab).

In Human Events, Ben Shapiro assailed her as “Example No. 1A in the pantheon of judicial activism” and added:

“Not only did she decide to purposefully misread Arizona?s immigration law, she also willfully blinded herself to basic fact.  Her ruling today was utterly unhinged and untethered from reality.”

A Washington Times editorial took a similar tack, saying, “Judge Bolton’s judicial activism is out of step with the law, out of step with politics and out of step with the good of the country.”

Republican J.D. Hayworth, running against Sen. John McCain for the GOP Senate nomination, said the judge had “gutted” the law. He went on, “The vast majority of Americans and Arizonans want this law implemented and the judge’s action simply circumvents the people’s will,” CBS News reported.

An article in the Wall Street Journal, however, stated that Judge Bolton “based her findings on court precedents that support federal pre-emption of state laws found to conflict with or infringe upon federal authority.”

And although Republican Sen. Jon Kyl of Arizona said yesterday he was disappointed by Judge Bolton’s ruling, she was nominated by President Bill Clinton upon Kyl’s recommendation, according to the ThinkProgress blog. Kyl reportedly testified about her “expertise and fairness.”

Superior Court Judge Bethany Hicks told the Arizona Republic about Judge Bolton, “Everything she does is impeccable.” Judge Hicks said,  “That’s kind of her nickname. We call her ‘Impeccable’ because that’s how she is,” according to a CBS News blog post.

Full post as published by The Gavel on July 29, 2010 (boomark / email).