In a July 29 Washington Times column, Jeffrey Kuhner claimed the ruling "is unilaterally disarming the people of Arizona in the face of a dangerous enemy," and that "leftist judges - elitist activists in black robes - override democratic legitimacy." Kuhner warned that the United States is in danger of becoming a "socialist superstate," and claimed "The choice is becoming starkly apparent: devolution or dissolution." From the Washington Times:
Judicial activism is pushing America to the breaking point. This week, a federal judge blocked key provisions of Arizona's immigration law, thwarting the will of the people. The decision was ominous and will reverberate for years to come.
Judge Susan Bolton, appointed by former President Bill Clinton, is a liberal elitist who believes judicial imperialism trumps democracy. Her ruling states that local police cannot check the immigration status of people arrested or stopped for violations of the law. In her view, that would amount to an abuse of civil liberties and unduly burden the federal immigration system. She also stipulated that residents cannot be required to carry proof of legal status.
The administration and congressional Democrats are making a strategic calculation. They think the Arizona law may be popular in the short term, not just in the state but across the country, but they are convinced that in the long term, the law will backfire on Republicans - especially with the surging Hispanic voting bloc. Mr. Obama thinks he can aggressively court the Latino vote by demonizing Arizona. This is classic Saul Alinsky-style radicalism: the politics of divide and conquer, pitting races and classes against one another in the service of state power.
Arizona is where the old republic will stand or fall. It is showdown at high noon. Either America returns to its constitutional system based on real federalism, states' rights, individual liberty and decentralized power, or it continues to slide toward the darkness of a socialist superstate. Washington - with its swollen bureaucracy, imperial arrogance, rampant corruption and dangerous detachment from ordinary citizens - is despised and distrusted by many Americans. A secession of the heart is taking place - a profound alienation from the liberal ruling class.
In the future, many states - including Arizona - may decide they have no other option but to break away from the union. The choice is becoming starkly apparent: devolution or dissolution.