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okie52
12/12/2011, 03:08 PM
U.S. Supreme Court to rule on controversial Arizona immigration law




Published: Monday, December 12, 2011, 2:52 PM Updated: Monday, December 12, 2011, 2:52 PM

By The Associated Press


The Supreme Court agreed today to rule on Arizona's controversial law targeting illegal immigrants, setting the stage for an election-year decision on an issue that is already shaping presidential politics.

The justices said they will review a federal appeals court ruling that blocked several tough provisions in the Arizona law. One of those requires that police, while enforcing other laws, question a person's immigration status if officers suspect he is in the country illegally.

The Obama administration challenged the Arizona law by arguing that regulating immigration is the job of the federal government, not states. Similar laws in Alabama, South Carolina and Utah also are facing administration lawsuits. Private groups are suing over immigration measures adopted in Georgia and Indiana.

The court now has three politically charged cases on its election-year calendar. The other two are President Obama's health care overhaul and new electoral maps for Texas' legislature and congressional delegation.

Justice Elena Kagan will not take part in the Arizona case, presumably because of her work on the issue when she served in the Justice Department.

Arguments probably will take place in late April, which would give the court roughly two months to decide the case.

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Some 12 million illegal immigrants are believed to live in the United States, and the issue already is becoming a factor in the 2012 campaign. Republican Sen. John McCain said recently that large Hispanic populations in his home state of Arizona and elsewhere are listening carefully to what Republican candidates have to say on immigration.

The immigration case before the Supreme Court stems from the Obama administration's furious legal fight against a patchwork of state laws targeting illegal immigrants.

Arizona wants the justices to allow the state to begin enforcing measures that have been blocked by lower courts at the administration's request.

The state says that the federal government isn't doing enough to address illegal immigration and that border states are suffering disproportionately.

In urging the court to hear the immigration case, Arizona says the administration's contention that states "are powerless to use their own resources to enforce federal immigration standards without the express blessing of the federal executive goes to the heart of our nation's system of dual sovereignty and cooperative federalism."

Reacting to the court's decision to hear the case, Republican Gov. Jan Brewer said, "This case is not just about Arizona. It's about every state grappling with the costs of illegal immigration."

Many other state and local governments have taken steps aimed at reducing the effects of illegal immigration, the state says.

The administration argued that the justices should have waited to see how other courts ruled on the challenges to other laws before getting involved. Still, following the court's announcement today, White House spokesman Jay Carney said, "We look forward to arguing our point of view in that case when the time comes."

Brewer signed the immigration measure, S.B. 1070, into law in April 2010. The administration sued in July to block the law from taking effect.

In April, a three-judge panel of the 9th Circuit U.S. Court of Appeals in San Francisco upheld a federal judge's ruling halting enforcement of several provisions of the Arizona law. Among the blocked provisions: requiring all immigrants to obtain or carry immigration registration papers; making it a state criminal offense for an illegal immigrant to seek work or hold a job; and allowing police to arrest suspected illegal immigrants without a warrant.

In October, the federal appeals court in Atlanta blocked parts of the Alabama law that forced public schools to check the immigration status of students and allowed police to file criminal charges against people who are unable to prove their citizenship.

Lawsuits in South Carolina and Utah are not as far along.


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soonercruiser
12/12/2011, 11:08 PM
Apparently Mark Levin's legal foundation is working on the Arizona side.
I hope Holder losses again!

AlboSooner
12/13/2011, 12:02 AM
How do you see it going down Okie?

okie52
12/13/2011, 12:25 AM
How do you see it going down Okie?

I really have no idea albo. The SC did hold for the AZ employer law that Obama fought but so did all of the lower courts.

I'm kind of pessimistic about it even with this SC.

KantoSooner
12/13/2011, 09:33 AM
It'll be interesting. I would imagine that the whole thing will revolve around whether the Fed has preempted the states on this topic. I'm wondering if non-action by the Fed can be taken to mean that the Fed has acquiesced in allowing state enforcement.
I doubt that there will be much in the way of red meat; more likely the court tries to keep its ruling on pretty narrow points of law.

badger
12/13/2011, 09:45 AM
The Oklahoma argument has always been that state laws can strengthen federal laws, even if it is not the state's place to enforce federal laws.

I fully expect this to be party-line vote in the Supreme Court (even though we all know that technically justices are non-partisan).

So... my prediction:

Against Arizona:
Sonia Sotomayor
Elena Kagan
Stephen Breyer
Ruth Bader Ginsburg

For Arizona:
Clarence Thomas
John Roberts
Samuel Alito
Antonin Scalia

Swing vote:
Anthony Kennedy

sappstuf
12/13/2011, 10:01 AM
The Oklahoma argument has always been that state laws can strengthen federal laws, even if it is not the state's place to enforce federal laws.

I fully expect this to be party-line vote in the Supreme Court (even though we all know that technically justices are non-partisan).

So... my prediction:

Against Arizona:
Sonia Sotomayor
Elena Kagan
Stephen Breyer
Ruth Bader Ginsburg

For Arizona:
Clarence Thomas
John Roberts
Samuel Alito
Antonin Scalia

Swing vote:
Anthony Kennedy

Kagan recused herself.

badger
12/13/2011, 11:20 AM
Kagan recused herself.

In that case, I expect a ruling in favor of Arizona.

OULenexaman
12/13/2011, 11:50 AM
I hope your right. I'd place a vBet on it.:excitement:

SanJoaquinSooner
12/13/2011, 12:06 PM
Legal scholars, please weigh in, would a 4-4 tie uphold the lower court ruling?

SanJoaquinSooner
12/13/2011, 12:56 PM
I haven't checked the details of how Arizona tweaked the final version of the law, so I don't know if all of the following points are still issues:

1. On the issue of requiring state law enforcement officials to validate identity and turn those suspected of illegal presence over to ICE, I would expect to Supreme Court to say a state may do this. I know in California, if, for example, a DUI arrest cannot produce ID they may put him in jail and call ICE to pick him up. It may take a few days for ICE to get there - especially remote areas. But California does not require officers to call ICE. I think the courts will say Arizona may choose to require it.

2. The more compelling question to me is if, for example, an officer stops a car for a minor traffic violation. He/she sees three young male Latinos in the backseat and thinks to himself, "I wonder if they are illegally present." Is the officer then required to check identity of the passengers? Is this reasonable suspicion - based primarily on the fact they are young male Latinos? Would a Latino in the backseat who claims to be 15 years old be detained?

3. I know an early version of the law included checking identity when local ordinances are violated. If this is in the final version of the law ... if for example a household is watering the lawn at a time of day that violates a city ordinance, is a city official allowed (or required) to check the identity of all household members and call ICE if not all present at the house can produce acceptable documents?

4. It is my understanding that the Arizona law criminalizes illegal presence whereas it is not a federal crime, but is a civil offense with deportations handled as civil proceedings. Does Arizona really want to criminalize it? Appoint public defenders and have trial-by-juries where an 11-1 vote is insufficient for a guilty verdict? Does the constitution allow states to classify a federal civil immigration offense as a state criminal offense?

5. What if someone is illegally present but has a case pending in federal court through a stay-of-deportation with a posted bond? Can Arizona still charge and try the person for the crime of illegal presence?

6. On the point made about federal non-action: There are over 400,000 deportations processed each year. The federal courts are filled daily with deportation hearings. I mean, you could claim non-action for almost any offense.... e.g., 20 million who smoke pot each year, but how many are prosecuted?

soonercruiser
12/13/2011, 01:41 PM
Legal scholars, please weigh in, would a 4-4 tie uphold the lower court ruling?

That is what I am hearing from the legal talking heads.

okie52
12/13/2011, 10:01 PM
San Joaquin-

That 400,000 number was for the last 2 years. It will plummet now that Obama has changed deportations to only criminals. And how many criminals can go on tv... Give their names and state they are currently engaged in criminal activity without fear of prosecution?