Got done with the Bar exam late Thursday afternoon. It was a bit rough. I suspect that I probably survived, but it is too early to tell for sure. Now I have at least a couple months before I can start practicing law, and if it turns out that I failed, then it’s more like nine months.
Anyway, I am now attempting to recover, I guess.
As I was coming home from the first day of the exam, I heard about the federal district court’s decision about the new anti-illegal immigrant law in Arizona. (An anti-illegal law, how radical!) I cannot understand how those Leftist lawyers or that judge can take themselves seriously whatsoever after making the absurd argument that states are not allowed to enforce federal laws. One of the first things you learn in law school in Civil Procedure I is that there are certain instances where a party has no choice but to ask states to enforce federal law. For example, if I print an accurate newspaper article against the mayor and he sues me in state court for defamation, I am not allowed to remove the case to federal court merely because my defense (freedom of speech) is based on federal law. Rather, I must pray for state intervention in protecting my federal rights. (If someone from your own town sues you for a state claim, the federal courts do not have jurisdiction to hear the case merely because you assert a federal defense.)
Anyway, that was just something that came to mind when I heard about that stupid case and the result against Arizona. Now imagine that after I have asserted my First Amendment right to freedom of speech (in state court), the federal Justice Department walks into the courtroom and says, “No, sorry, it’s our job to enforce that federal law. Your Honor, you’re gonna have to just strike Drew’s First Amendment defense because he’s trying to interfer with our discretion about enforcing federal rules. This court is part of the state and it may not interfere. You’re just gonna have to give the mayor a default judgment against Drew.”
At least in my mind, what Obama is doing is basically that stupid. It’s hard for me to imagine that he will win on appeal.