IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

United States of America, Plaintiff, vs. State of Arizona; and Janice K. Brewer, Governor of the State of Arizona, in her Official Capacity, Defendants.

No. CV 10-1413-PHX-SRB MOTION TO DISMISS FOR LACK OF ORIGINAL JURISDICTION

MOTION TO DISMISS

FOR LACK OF ORIGINAL JURISDICTION

Comes now, the State of Arizona and Janice K. Brewer, Defendants in the above captioned cause, to Move this honorable court to immediately dismiss this action from the federal district courts for lack of original jurisdiction.

Article III, Section 2, Clause 2 of the United States Constitution plainly and clearly states:

“In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be a party, the supreme Court shall have original Jurisdiction” (emphasis added)

By this provision of the Constitution of the United States of America, the federal district Courts are entirely removed from any and all exercisable jurisdiction to hear or entertain arguments in this matter, because the State of Arizona has been made a named party to the action. By this clause of the U.S. Constitution, it is the United States Supreme Court alone that exclusively holds the necessary original jurisdiction required to hear this cause, as filed by the United States Department of Justice in this matter.

Summary & Conclusion

Therefore, under the Constitution of the United States of America, the Defendants now move this honorable court for the immediate dismissal of this action in its entirety from the lower federal district courts for lack of original jurisdiction.

Respectfully submitted,

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Counsel for Defendants