Wednesday, January 25th, 2017

Arizona’s ‘No DLs for DACAs’ Policy May Not Survive Equal Protection (Rational Basis) Challenge

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While most news articles focus on Judge Campbell's March 16, 2013 denial of Plaintiffs' motion for preliminary injunction in ADAC et al. v. Brewer et al., CV12-02546 PHX DGC, of greater import is Judge Campbell's position on Plaintiffs' equal protection (rational basis) argument:

"When the Court considers what appears to be the actual reason for Arizona’s driver’s license policy, it concludes that the policy is likely to invoke, and fail, such rational basis scrutiny. ... The Court recognizes that a governor may legitimately disagree with the federal government on policy and political matters, and certainly has the right to voice those disagreements. But the Court cannot conclude that such views constitute a rational basis for treating similarly situated people differently with respect to driver’s licenses. ..