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U.S. Court Of Appeals Dismisses Challenge To Proposition 200

Arizona Capitol Reports Staff//August 9, 2005//[read_meter]

U.S. Court Of Appeals Dismisses Challenge To Proposition 200

Arizona Capitol Reports Staff//August 9, 2005//[read_meter]

The U.S. Ninth Circuit Court of Appeals dismissed a lawsuit Aug. 9 filed in federal court challenging the constitutionality of Proposition 200. The court said the plaintiffs had not shown they had been injured by the implementation of the new law.

“I am pleased with the outcome. The voters made a decision last November, and I promised my office would vigorously defend the constitutionality of the law,” Attorney General Terry Goddard said. “This decision allows us to continue implementing Proposition 200.”

Friendly House, a nonprofit social service agency in Phoenix that works with immigrants, filed the suit.

Since Arizona voters adopted Prop 200 last November, the State has implemented the proof of legal status requirements for applicants requesting public benefits and the requirement for proof of citizenship when registering to vote.

Secretary of State Jan Brewer has not yet submitted new voting identification rules to the Governor and Attorney General for their approval. Once approved, the rules must be cleared by the U.S. Department of Justice for compliance with the Voting Rights Act before becoming effective. The voting identification rules are the final step to full implementation of the proposition.

Supporters of the proposition have criticized Gov. Napolitano and Mr. Goddard for trying to limit the scope of programs affected by the law, thereby diluting its effects on illegal immigrants. Richard Samp, chief counsel for the Washington Legal Foundation, which has been defending the law on behalf of Protect Arizona Now, said the next step is making sure the law is implemented and enforced in its entirety.

“We now look forward to the opportunity to sit down with Arizona’s Attorney General to discuss how Proposition 200 can begin to be enforced effectively,” he said. “Up to this point, state officials – who unanimously opposed Proposition 200 before it was adopted – have given the law a cramped reading that has limited its effectiveness.”

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