The Blue Site

NY State Supreme Court Justice Refuses to Follow Federal Law

The Real ID Act is a move to stop terrorists and others who might do us harm from obtaining illegal state IDs, by mandating a national standard that all states would be forced to follow. I'm not 100% clear on everything the law does, but the basic idea is what I just mentioned. There is no way I am reading the entire bill, because it's very very long.

It sounds like a good idea to stop the use of illegally obtained, bogus driver's licenses that can be used to get into certain locations, board a plane, evade police who think your ID is legit, etc.

The ACLU and other conspiracy theorists say this is an assault on our freedoms, that it will leade to a national database on all your sensitive information (I assume your birthday, licence number, height, weight, address, etc. are sensitive info that only a master crook could get without the new system in place- oh wait, a simple internet search can supply you with all this info on anybody!), and that this is a national ID card. It ISN'T a national ID card, because each state will still have their own individual licenses they issue...it just stipulates the procedure on how licenses are given- one stipulation is that you must prove you are who you say you are- what a novel idea! And, boy, how intrusive! Go ACLU! Bologna...

The bill was passed in the Senate 100-0. That's right, no one voted the bill down. I believe it was part of a spending bill in regards to military matters (don't think it was all by itself), but that doesn't make any difference. It would have been amended right out of there had the senate not supported this measure...but they do, and they did.

Now that this is the law of the land, every state must follow it or lose federal highway funds- which are vital in some respects. Federal highway money isn't something any state wants to give up.

In New York, State Supreme Court Justice Karen Smith has refused to obey this law and has said that the DMV cannot ask for the information the law demands be asked.

Justice Smith said:

DMV cannot be an enforcer for the Department of Homeland Security

Of course, Smith is breaking the law by refusing to follow federal law, which clearly trumps NY state law in this regard, and she needs to resign her position on the court today. There is no excuse for this sort of behavior from any member of any court. I guarantee you that the democrats who have made Priscilla Owens wait 4 years without a vote ont he floor of the Senate won't bat an eyelash as this justice's refusal to follow the law. Smith should either follow the law today or she should step down.

Smith also had this to say on the issue of denying licenses to illegal aliens:

The DMV "may not use immigration status" to deny licenses, according to the decision by state Supreme Court Justice Karen Smith. "Plaintiffs have faced and will continue to face serious injuries if these practices continue."

Excuse me?!! The DMV cannot demand that citizens who obtain licenses actually obtain them legally?! You can demand a photo ID to get a driver's license, but in this woman's mind, you're not allowed to demand that the person be in the country legally to begin with? Is she out of her mind?

The Puerto Rican Legal Defense and Education Fund was the group that sued to demand this refusal to follow federal law, because they say that illegal immigrants need licenses to get to work and get health care. Umm, hello? Anybody home? Illegal aliens have NO legal rights to drive on our streets or get health care!!! Are THESE folks out of their minds?!

According to the Associated Press:

The state's new practice followed its analysis of licensed drivers with issued Social Security numbers in 2002. The review found that of 11.5 million licensed New York drivers, DMV couldn't verify the Social Security numbers of about 600,000 people.

Isnt' that a problem? That in New York state along, they could not verify over half a million social security numbers, which means many of these people are out there now with illegal ID's, most surely in the country illegal...do our laws not matter to these people? If immigration law is okay to violate, what other laws are not worthy of enforcement?!

Smith and those who support her side aren't being honest about their decisions. Their claim is that it would be a burden for citizens to have to prove so much to the DMV and that the DMV isn't capable of making such decisions and partaking in such actions. Nonsense. Citizens merely need to show they are who they say they are, that they are here legally, not violating laws to get ID's, etc. The DMV can certainly undertake such a task. The real issue here is- Smith and those who support her beliefs do not WANT illegals to be refused ID's. They think that illegal aliens are no big deal, that we shouldn't worry when these people violate the law, and they'll do anything they can to make sure these lawbreakers continue to break the law while reaping the benefits of legal citizenship (such as obtaining legal ID's!)

Smith and others have no sense when it comes to immigration law. Of course, Smith has other motives. She knows quite well that the DMV has to follow the laws of the state of NY and the United States. Employees of the DMV cannot violate the law by issuing driver's licenses to 10 year olds, right? They can refuse to issue ID's to citizens who show no proof of address, no proof of their name, birthdate, etc. The DMV has a duty to enforce the law. If Smith thinks the DMV cannot be forced to follow US law, then she's basically saying that the DMV can issue any type of ID to any person and not follow ANY law. A sitting state supreme court justice who disobeys the law in one regard cannot be trusted to enforce any law. This is just unacceptable.

With Americans at risk from illegals who violate our laws everyday, we must hold every judge accountable, and that means demanding that they obey the law as it is written, not allowing them to follow only the laws they see fit to follow.

Contact Smith today and tell her to follow the law or resign her position on the court.

Hon. Karen S. Smith

New York County Supreme Court
60 Centre Street
New York, NY 10007
(212) 374-8357

MORE: Court rejects DMV practice of taking illegal immigrants' licenses
Justice Smith's webpage on the NY Courts website
Justice Smith's decision(pdf file)

I agree with the judge. Your opinions is silly, and based on opinion.

You should be aware that the REAL ID Act is not effective law until it is signed by both houses of Congress and signed by the President. The fact that the Senate has passed the bill is irrelevant. Judge Smith has in no way violated federal law. As an additional matter, even had the REAL ID Act been passed, Judge Smith's ruling in no way would violate it. The REAL ID Act does not mandate any specific behavior by the states. Rather, it sets standards for identification that is acceptable for federal agencies. In other words, New York state will be able to choose whether or not it follows the protocols in the REAL ID Act. If it chooses not to, then people will not be able to use NY drivers licenses to board airplanes, etc. Additionally, Congress CANNOT require the New York DMV follow certain licensing standards -- to do so would violate the 10th Amendment of the US Constitution. Judge Smith's decision follows New York law--as it should; she is, after all, a New York state judge. Her opinion makes the point that the Legislature--the elected representatives in New York--should be making the decisions about what the law is. All Judge Smith said is that it is undemocratic for a bureaucrat to impose his vision without authorization from the People. Perhaps you're right, that licensing illegal aliens is bad policy. But in a democracy, it's the voters (via legislators) who should be making this decision. Judge Smith is protecting democracy, and in so doing, fulfilling her duties as a judge.

thanks for posting the link to the court decision. before you post your opinion, you should at least know the facts. otherwise, you just look misinformed and ignorant, as your post here shows.

yeah! totally disinformed and ignorant. any state supreme court judge can defy FEDERAL law (which trumps state law, as you clearly dont realize.)

in your world, state judges can say- 'i dont like this law and that law...screw the feds, im not going to demand that illegals follow the law. the law doesnt apply to them in my state and in my court.'

GREAT idea.