After reading the request from Maricopa County for leave to file a late opposition to the motion to dismiss Arizona’s case, it strikes me that the county should be suing the state, not the federal government. If the county thinks state law is going to force state employees to violate federal law, then that is a case that should be filed in a state court to have that portion of the law struck as a violation of federal supremacy. This case should not have been filed in federal court in the first place. Any problem with a state law should be brought before a state court before going to the federal courts with it.
Arizona v. United States, No. 2:11-cv-01072-SRB
United States District Court, District of Arizona (Phoenix Division)
United States District Court, District of Arizona (Phoenix Division)