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Federal immigration lawsuit to proceed in Eleventh Circuit

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December 23, 2011

Alabama & Georgia: Yesterday, the United States Court of Appeals for the 11th Circuit ruled that legal action against Alabama and Georgia can proceed. The United States Department of Justice is challenging the immigration laws enacted by those states, claiming that authority for immigration reform falls to the federal government, not individual states.[1]

The attorneys general in Alabama and Georgia, Luther Strange and Samuel S. Olens respectively, asked the appeals court to delay the pending case until after the United States Supreme Court releases a decision on Arizona's controversial S.B. 1070. The executives believe that the Supreme Court ruling will have an effect on the outcome of the cases in each state.[1]

Opponents of the bills in the southern states were pleased with the Eleventh Circuit's decision. However, since many of the provisions of those laws have been put on hold, both laws are not completely enforceable.

This decision by the appeals court reasserts its dominance in the Eleventh Circuit. Instead of allowing the Supreme Court to make a decision that affects the whole nation, the appeals court will first makes its decision and attempt to let it influence the country's court of last resort.

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