Joe Wolverton II, J.D., is the author of the books The Real James Madison and “What Degree of Madness?”: Madison’s Method to Make America STATES Again. Last week the Supreme Court of the United States heard oral arguments in the case of Arizona v. United States regarding the Grand Canyon State’s anti-illegal immigration statute — SB 1070. their primary concern seemed to be whether the verification requirement would cause arrestees to be held longer than they would be if the law were not in place. Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system. With most of the argument focusing on Section 2(B), it is harder to predict how the Court might rule on the remaining three provisions of S.B.

Arizona’s law includes provisions requiring police to check the immigration status of anyone detained or suspected of being in the country illegally. Amy Howe Independent Contractor and Reporter. The United States’ argument that §2(B) is pre-empted, not by any federal statute or regulation, but simply by the Executive’s current enforcement policy is an astounding assertion of federal executive power that the Court rightly rejects. Once the feds have “occupied the field,” so the argument goes, of this or that area of the law or policy, then no other government (state or local) may trespass therein. Amy Howe, The first provision made it a state crime to reside in the United States without legal permission. In the days leading up to the argument, a new poll reported that nearly two-thirds of the registered voters surveyed believe that the Court should uphold the law as constitutional. Regardless of whether the Supreme Court upholds the principle of federalism and rules in favor of Arizona, the states have a natural right to govern themselves and needn’t be bound by actions of the federal government that exceed the boundaries placed by the Constitution around its very limited sphere of authority. In the oral arguments, Justices of both ideological pedigrees took issue with Verrilli’s insistence that as enforced SB 1070 unconstitutionally exceeds the federal footprint in the sphere of immigration control. Assn. bears a disproportionate share of the costs. He hosts the YouTube channel “Teacher of Liberty” and the Instagram account of the same name.

The case involves the issue of whether the federal government or… Click here for impor...(click to view)Click here for important resources on the nomination of Amy Coney Barrett and the confirmation process.We're hosting a...(click to view)We're hosting a symposium on the jurisprudence of the late Justice Ruth Bader Ginsburg. In considering officially passing DACA (Deferred Action for Childhood Arrivals), even many conservatives consider it a given that the individuals covered under it... U.S. District Judge Andrew Hanen of the U.S. District Court in Brownsville, Texas, who issued an injunction on February 16 blocking President Obama’s... A report from the Center for Immigration Studies reveals that the MS-13 (Mara Salvatrucha) transnational criminal gang has spread to 22 U.S. states.... Media headlines are saying a “Memphis man” beat a four-month-old baby to death upon learning he wasn’t the child’s father. Click here for important resources on the nomination of Amy Coney Barrett and the confirmation process.We're hosting a symposium on the jurisprudence of the late Justice Ruth Bader Ginsburg. The fourth case,…, The Supreme Court heard oral arguments on the second of the four cases challenging the 2010 health care law law. With Justice Kagan recused, the federal government would almost certainly need to get the votes of all three of the Court’s more liberal Justices – Ginsburg, Breyer, and Sotomayor – and pick up at least one more Justice to keep Section 2(B) from going into effect. Arizona v. U.S.: A Recap of the Arguments at the Supreme Court, Kamala Harris Is Not Qualified to Be (Vice) President, Bibles to Stay in Air Force Lodging — Sort of …, Another, Politically Incorrect, View on Race, Cost of Illegal Immigrant Students Hits School Budgets, Rallies Push for Senate Action on Immigration Legislation, Truth on DACA: We’ve Already Granted Amnesty to These Illegals, Judge Hanen Reprimands Feds for Violating Order Against Executive Amnesty, Brutal MS-13 Gang Targeted by Trump Has Spread to 22 States, Not a “Memphis Man”: Suspect in Baby’s Murder Deported Five Times, Ten States and D.C. Issue Driver’s Licenses to Illegal Aliens, Critics Furious As Border Agent Diaz Gets Two Years in Prison.

1070; Governor Jan Brewer signed the bill into law. Although those Justices pressed Clement on Section 2(B), their primary concern seemed to be whether the verification requirement would cause arrestees to be held longer than they would be if the law were not in place. Awarded the Peabody Award for excellence in electronic media. Notably, the Constitution makes no such endowment of power over immigration to the federal government; therefore, the Tenth Amendment guarantees that the right to rule in that area is reserved to the states and to the people. The focus…, The Supreme Court heard oral arguments on the fourth of the four cases challenging the 2010 health care law.
“Before you get into what the case is about, I’d like to clear up at the outset what it’s not about,” Chief Justice Roberts told the Solicitor General who then was asked by Roberts to assure the Court that the government’s position had nothing “to do with racial or ethnic profiling….”. (I previewed the case for the blog in Plain English earlier that day.) In fact, the enumeration in the Constitution of specific powers delegated to the federal government is the cornerstone of American political theory and of the constitutional Republic established in 1787. close. Whether or not to enforce them,” he continued, “is still entirely up to” the government. Arizona v. United States Case Brief. 1070. (Lyle Denniston) Court to consider Arizona immigration law: A preview in Plain English (Amy Howe) Argument preview: Who controls immigrants' lives? Justice Antonin Scalia left little doubt that he would vote to uphold Section 2(B); he agreed that the federal government has the authority to say who is allowed to stay in the United States, but he was downright scornful of the idea that Arizona was helpless to do anything about someone who was, under the rules created by the federal government, there illegally.

Posted Fri, April 27th, 2012 5:44 pm by Amy Howe. In March a three-judge panel of the 11th Circuit Court of Appeals in Atlanta told representatives of Alabama and Georgia that they would wait for the Supreme Court’s decision in Arizona v. U.S. before handing down a ruling of their own regarding the Alabama and Georgia statutes that were in large part derivatives of the law passed in Arizona.

While the federalism aspect of the case is the only question before the Court, there are those who would paint the picture with racist overtones.

Javascript must be enabled in order to access C-SPAN videos. Symposium: Procedural equality in Ginsburg’s criminal justice decisions, Symposium: Ginsburg was a champion of voting rights, but mostly in dissent, Case preview: In newest chapter in long-running water dispute, court will hear first-ever challenge to ruling by interstate river master, Rutledge v. Pharmaceutical Care Mgmt. On Wednesday, the Court heard oral argument in Arizona v. United States, the federal government’s challenge to Arizona’s aggressive efforts to reduce the number of illegal immigrants in that state. Justice Sonia Sotomayor told him that his argument “was not selling very well” and suggested that he try “to come up with something else.”. As Alexander Hamilton wrote in the Federalist Papers: “It may safely be received as an axiom in our political system that the state governments will, in all possible contingencies, afford complete security against invasions of the public liberty by the national authority.”.

The court enjoined provisions that (1) created a state-law crime for being unlawfully present in the United States, (2) created a state-law crime for working or seeking work while not authorized to do s… A provision authorizing police to arrest immigrants without warrant where “probable cause” exists that they committed any public offense making them removable from the country. Much of Wednesday’s argument focused on Section 2(B) of the Arizona law, which requires police officers to verify the immigration status of each person whom they stop or arrest if there is reason to believe that the person is in the country illegally. The following are the four key provisions of the law whose constitutionality are in question: 1. A section making it a state crime for “unauthorized immigrants” to fail to carry registration papers and other government identification. And what effect, if any, will the Court’s decision have on other states’ immigration laws and the presidential election? (18-540), Justice Ruth Bader Ginsburg awarded Liberty Medal. It made it a state misdemeanor crime for an illegal immigrant to be in Arizona without carrying registration documents required by federal law; authorizes state and local law enforcement of federal immigration laws; and penalized those found to be knowingly sheltering, hiring, and transporting illegal immigrants. First up on Wednesday, representing Arizona, was Paul Clement, who served as the Solicitor General during the George W. Bush Administration and is now in private practice. Finally, Arizona Governor Jan Brewer who signed SB 1070 into law two years ago was present in the Court last Wednesday and she told reporters that she was “very, very encouraged” by the tenor of the questions posed by the Justices to the parties. There was virtually no discussion of Section 6 of the law, which allows a police officer to arrest someone without a warrant if the officer has reason to believe that the individual may have done something that could get him deported. 4. Results for {phrase} ({results_count} of {results_count_total}), Displaying {results_count} results of {results_count_total}.

Other Justices were less openly hostile to Section 2(B) but still signaled that they too were likely to uphold it:  the Chief Justice, for example, characterized Section 2(B) as simply “an effort to let [the federal government] know about violations of federal law. Rather, the burden is on the parties seeking to preempt a duly enacted State law to point to some provision in statutory law that does the preempting.”, “It is the national government that has ultimate responsibility to regulate the treatment of aliens while on American soil, because it is the nation as a whole, not any single state, that must respond to the international consequence of such treatment.”. The federal government seemed to fare better with its challenges to Section 3, which makes it a crime to be in Arizona without proper immigration papers, and Section 5, which makes it a crime for an illegal immigrant to seek or take work in the state. The case involves the issue of whether the federal government or states have the right to enforce immigration law. (I previewed the case for the blog in Plain English earlier that day.).) Clement assured them that it generally would not. The Arizona v. United States argument in Plain English (with argument audio links) (Amy Howe) Argument recap: A choice between radical and reasonable?

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