Arizona: citing state’s “sovereign authority”, bill bans state courts from being “commandeered” into upholding federal court rulings; only defeated by 1 vote in 2016

Last year Arizona state senators defeated by a single vote a plan to prohibit state courts from enforcing or upholding federal court rulings as “commandeering” the state’s judges. The plan was approved by the Arizona House 31-27 but rejected 14-15 and then again on reconsideration 15-15 by the Senate (discussed here). The plan has now been refiled in the House with a hearing later today.

HB 2097 of 2017 would provide that “the sovereign authority ” of Arizona allows the legislature to call a halt to any “commandeering” “action” by the federal government. “Action” includes “A ruling issued by a court of the United States.” Moreover, the ruling by the courts of the United States would only be allowed to be enforced or upheld by Arizona courts if “affirmed by a vote of the Congress of the United States and signed into law as prescribed by the Constitution of the United States” or via a bill passed and enacted by the state’s legislature & governor.

HB 2097 has a hearing before the House Federalism, Property Rights and Public Policy committee today.