Five Dems vote to kill lawsuit against Ariz. immigration law

Five Democrats voted with Republicans on Wednesday to defund the Obama administration’s lawsuit against Arizona’s immigration law.

Sens. Max Baucus (D-Mont.), Blanche Lincoln (D-Ark.), Ben Nelson (D-Neb.), Mark Pryor (D-Ark.) and Jon Tester (D-Mont.) all voted for an amendment in opposition to the challenge the Justice Department filed to Arizona’s law.

The amendment, sponsored by GOP Sens. Jim DeMint (S.C.) and David Vitter (La.), would have deprived funding for the constitutional challenge that Attorney General Eric Holder announced earlier this month.

The conservative senators had sought to attach the measure to a bill extending unemployment benefits, but were unlikely to succeed as long as 60 votes were needed to approve it and the Democrats in control of 59 seats. The amendment, however, puts lawmakers on record about the controversial lawsuit.

One Republican, Sen. Mike Johanns (Neb.), voted with Democrats in support of the lawsuit. One of the amendment's co-sponsors, Vitter, did not vote.

The lawsuit challenges whether Arizona’s immigration law, which requires law enforcement authorities to confront individuals whom they suspect of being illegal immigrants, is constitutionally usurping the federal government’s control of immigration.

The amendment failed, 43-55, with 60 votes being necessary to advance it.