Wednesday, September 29, 2004

No injunction in federal suit against driving certificates





"[Federal judge Todd] Campbell ruled against a preliminary injunction to discontinue production of the certificates and allow those with these certificates to once again apply for a Tennessee driver's license."



"Campbell wrote that the court 'is not persuaded that the injury rises to the level of a constitutional violation.'"



"'Under the amendments to the Tennessee statute, such a person is still eligible to receive a drivers' certificate, and therefore, is able to lawfully operate a motor vehicle just like those individuals who hold a drivers' license. Thus, no right is infringed,' wrote Campbell. 'The fact that the state could have made other rational decisions, for instance allowing no driving privileges at all for illegal aliens, does not make the current law irrational.'"



"'We tried to find some middle ground here and so far it is working in the state,' [Governor] Bredesen said of the new law. 'I'm pleased that a federal judge would agree that it is a reasonable compromise between the rights of individuals, albeit illegal aliens, in some cases, and the needs of our state and our nation.'"



Nashville City Paper, Tennessean

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