The American state of Arizona has, since statehood, had an “arm’s-length” relationship with immigrants from Mexico.  Illegal immigration is as contentious a political issue there as anywhere.

Arizona’s state constitution requires, as do the laws in many other states, official state business be conducted in the English language. American law, whether state or federal, of course requires non-English speakers be afforded access to basic governmental functions: children must be taught in a language they can understand in public schools; those accused of crimes must be provided interpreters in court. For example.

Comes now Alejandrina Cabrera, American citizen, City Council candidate:

“I speak little English, but my English is fine for San Luis.”

                                                             -Alejandrina Cabrera.

The bird in the air-pump for Ms. Cabrera is that San Luis is located in Arizona in the United States of America where official business, like City Council business, must be conducted in the language which Ms. Cabrera speaks little, and where state law requires elected officials read, speak and understand same. 

In America, this is the stuff of which lawsuits are made.

Ms. Cabrera’s access to the ballot was challenged by some of the burghers of San Luis on the basis of English proficiency. Lawyers were obtained. A hearing was held before a judge:

By Mr. Minore, counsel for Alejandrina Cabrera:

Q:  Where did you go to high school?

We interrupt to reflect upon an adage of American court practice: “A lawyer should never ask a question to which he does not know the answer.” 

A:  

Thus was birthed the “Alejandrina Cabrera codicil:"  “A lawyer should never ask a question his client does not understand.”

A legal frisson was birthed a twin to the codicil and the judge immediately halted the proceedings.  An Expert was appointed.

The expert's opinion was that Ms. Cabrera did not understand English well enough to conduct City Council business.

That wasn’t the end.

The expert was from Australia via Brigham Young University (How? By what conspiracy of the gods did this happen?) and spoke in the distinctive Down Under patois. Ms. Cabrera averred that the expert’s accent caused her to not understand.  This was an imperfect defense. Ms. Cabrera’s in-court non-answer to her lawyer’s question evinced unfamiliarity with American English. She was now conceding the same with the Australian variant.  An expert from Canada, eh?

No expert from Canada. Judge John Nelson ruled that Alejandrina Cabrera’s name be taken off the ballot.

La causa Cabrera pushes several buttons among Americanos.  For those of us with impressive criminal rap sheets it is chastening reminder to lie down and take a powder.  For normal people it is also aggravation: why can’t she learn English well enough? It seems apodictic to most Americans that all Americans, City Council candidates or deliverers of pizza, should speak, write and understand English.

For abogados though…Ohhh:

1. Is ballot access a fundamental American right? Sort of?
2. If the English-challenged can become American citizens how can they be denied access to the ballot…for being English-challenged?
3. How is it legal for the English-challenged to be permitted to vote for candidates but not be candidates themselves?
4. Has the constitutionality of that Arizona law requiring office-holders to be English proficient ever been challenged?
5. How English-challenged is too English-challenged under the Arizona law?  The Constitution?
6. Does the Arizona law apply to office-holders and office-seekers?
7. Would Ms. Cabrera still be afoul of the law if she were allowed to appear on the ballot, got elected, took a crash course in English and became proficient before being sworn in?  Ohhh.
8. If the Arizona law is unconstitutional--even if only “as applied” to Ms. Cabrera’a situation, can the law be changed (and changed it would have to be if it were found to be unconstitutional) and still accomplish its intent to require English proficiency? 

Counsel for Ms. Cabrera said he didn't know if he would appeal.