On May 14, 2010, President Obama’s State Department declared “no major breakthroughs” after meeting with China in “only their second round of talks about human rights since 2002.” Bureau of Democracy, Human Rights, and Labor Assistant Secretary Michael H. Posner, who with U.S. Ambassador to China Jon Huntsman briefed the media, said the United States sought a “mature relationship” with China that would yield “an open discussion” not only of “[China’s] problems,” but also of “[the U.S.A.’s] own [problems].”

A reporter then asked, “Did the recently passed Arizona immigration law come up? And, if so, did they bring it up or did you bring it up?” Posner responded eagerly, “We brought it up early and often. It was mentioned in the first session, and as a troubling trend in our society and an indication that we have to deal with issues of discrimination or potential discrimination, and that these are issues very much being debated in our own society.”

The very day that the Associated Press ran Posner’s remarks, the American Civil Liberties Union (ACLU), Mexican American Legal Defense and Educational Fund (MALDEF), National Association for the Advancement of Colored People (NAACP), and others filed a lawsuit against Arizona in federal district court in Phoenix arguing that the “Arizona immigration law” (S.B. 1070) violates the Supremacy Clause and the First and Fourth Amendments.

Less than two months later, on July 5, while Secretary Posner was enjoying a day off to celebrate Independence Day, the Associated Press announced that an American geologist, held and tortured by China’s state security agents for two and one half years, had been sentenced to eight years in prison allegedly for spying and collecting state secrets regarding the Chinese oil industry, which “endangered [China’s] national security.”

Ambassador Huntsman was in the courtroom; after the verdict, the U.S. Embassy in Beijing announced it was “dismayed” and urged China to grant the 45-year old Xue Feng—who was born in China, earned his Ph.D. at the University of Chicago, became a U.S. citizen, and works for a Colorado energy company—“humanitarian release and immediately deport him.”

The next day, Ambassador Huntsman’s colleague in the Obama Administration, Attorney General Eric Holder, join with the ACLU, MALDEF, NAACP, and others in challenging the constitutionality of S.B. 1070.

At the district court, Holder’s lawyers argued that, in deciding if the Arizona law violates the Supremacy Clause—which requires preemption of a state law that conflicts with federal law—the question is not does Arizona’s law conflict with federal law, but is it consistent with current White House policy, including Obama’s “foreign relations [] and humanitarian concerns….”

Exactly how Obama’s “foreign relations” and “humanitarian concerns” trump federal law, which supports fully what Arizona lawmakers did, was not explained. Nor did federal lawyers say why Obama’s foreign “humanitarian concerns” outrank the “humanitarian” issues of concern to Arizona citizens.

Nonetheless, on July 28, the judge agreed with Obama’s lawyers and voided much of the Arizona law. (There was no indication whether Secretary Posner advised China that Obama and Holder had taken care of the USA’s “Arizona problem” and it was time for the Chinese to release Xue Feng.)

For weeks, at the request of Governor Jan Brewer, MSLF provided key behind-the-scenes assistance to Arizona’s lawyers. Days ago, at the request of Arizona’s lawyers, MSLF filed a hard-hitting brief in support of Governor Brewer and the right of Arizona to protect its citizens, economy, and future.

It is not the first time MSLF has fought for Arizona and the will of its voters. When Arizona adopted a ballot initiative barring illegal immigrants from receiving “public benefits” and voting, MSLF entered the case.

MSLF did so because Governor Janet (“the system worked”) Napolitano opposed the law. When the ACLU and MALDEF sued, MSLF made the winning oral argument at the Ninth Circuit; the case was dismissed! Moreover, MSLF now represents Hazleton, Pennsylvania and is defending its ordinance, which bars employers from hiring and landlords from renting to illegal immigrants.

MSLF must win these battles! Although the American people support Arizona and Hazleton, Obama, his officials, and their allies in the ACLU and elsewhere are trying to get the courts to overrule the will of the people.

How strong is public opinion? Twenty-two (22) states are considering an Arizona law and MSLF fields inquiries daily from cities from coast to coast that want to emulate Hazleton. But, the court of public opinion is irrelevant if MSLF does not win in federal court! That is why MSLF is fighting so hard!

For MSLF, the battle is not about illegal immigration and who enforces the law but about the Constitution, federalism and dual sovereignty, and if, as John Adams wrote, this is a “government of laws and not of men.”

Unlike President Obama and his top officials, MSLF feels no need to apologize for America or for Arizona. While American citizens, pursuant to the Constitution and the rule of law, address issues of national concern, an American citizen sits in a jail in lawless China. Thank you for your support!