May 26, 2011
— DrewM It's not the big ID case but some of the same issues are in play, namely whether or not federal immigration laws preempt state action.
The ruling, delivered by Chief Justice John Roberts, rejected the arguments of the U.S. Chamber of Commerce, which argued that Arizona's effort is preempted by federal immigration law."We hold that the Arizona law is not preempted," wrote the Chief Justice.
This ruling is not on a more controversial Arizona immigration law, which is still working its way to the Supreme Court; it gives police more power to detain and stop illegals, a move that prompted economic boycotts of the state by a variety of groups.
In this case, the Court went against arguments of the business community and the Obama Administration, which maintain that federal law has the last say on immigration.
The "Legal Arizona Workers Act" would allow the state to revoke business licenses if they don't use the E-Verify system to check the legal status of their workers.
"Of course Arizona hopes that its law will result in more effective enforcement of the prohibition on employing unauthorized aliens," wrote the Chief Justice.
It's not exactly on point with the ID case but it certainly lays the groundwork that states can create laws which leads to "effective enforcement" against illegal aliens.
The Supreme Court works in mysterious ways but it's interesting and hopeful to say the least.
On the other hand: Lyle Denniston at SCOTUS Blog doesn't think this bodes well for the ID law.
The decision technically did not go beyond the specific Arizona law at issue but, between the lines, seemed to have some broader themes. There was even a hint that ArizonaÂ’s more controversial alien control law — now widely known as “S.B. 1070″ — may not fare as well as its worker control law now has, particularly its provision that gives police wide authority to arrest and detain any individual that an officer believes is an unlawful alien. Arizona is preparing to file a new appeal, probably during the summer, to try to revive S.B. 1070 after key provisions were blocked in April by the Ninth Circuit Court.The Court majority on Thursday — 5-3 on the main points, 4-3 on less significant points — rejected claims by business and civil rights groups that ArizonaÂ’s four-year-old Legal Arizona Works Act intrudes upon federal immigration policy on aliensÂ’ employment. In legal terminology, the Court ruled that federal law did not expressly or by implication “preempt” the state statute. Not the least significant of the CourtÂ’s declarations was a resuscitation of a 1976 precedent, DeCanas v. Bica, speaking broadly of a federal-state partnership on restricting aliensÂ’ jobs. But that ruling came down ten years before Congress passed a sweeping new law that generally pushed aside state efforts, except for what had seemed since then to be a fairly narrowly worded exception.
The provision, centrally involved in the new decision, barred states and local governments from enforcing “any law” that imposed punishment on those who hired unlawful aliens, but it made an exception for punishment imposed by “licensing and similar laws.”
Still, if the court had ruled the other way, the AZ ID law would be in big trouble.
Posted by: DrewM at
11:24 AM
| Comments (65)
Post contains 551 words, total size 4 kb.
Posted by: maddogg at May 26, 2011 11:28 AM (OlN4e)
Posted by: joncelli at May 26, 2011 11:29 AM (RD7QR)
Posted by: joeindc44 at May 26, 2011 11:29 AM (QxSug)
Posted by: Barack Hussein Obama at May 26, 2011 11:29 AM (c45xH)
I've been told by libs from NY that we here in AZ are crazy, because illegals are hard workers. When I asked how they could be working in NY, other than day labor, they said something about fake papers. When I brought up identity theft, I was told that the illegals are hard workers. I must be crazy and dumb, because that didn't make any sense to me.
I know, the correct answer to my query was because "Shut Up, that's why!"
Posted by: 141Driver at May 26, 2011 11:32 AM (/E3ql)
Posted by: Flapjackmaka at May 26, 2011 11:32 AM (u8JAM)
Posted by: Jane D'oh at May 26, 2011 11:32 AM (UOM48)
I've been told by libs from NY that we here in AZ are crazy, because illegals are hard workers. When I asked how they could be working in NY, other than day labor, they said something about fake papers. When I brought up identity theft, I was told that the illegals are hard workers. I must be crazy and dumb, because that didn't make any sense to me.
I know, the correct answer to my query was because "Shut Up, that's why!"
Posted by: 141Driver at May 26, 2011 03:32 PM (/E3ql)
They are hard workers, and efficient too. How long did it take them to tear down the WTC? Now there's some efficient, hard working illegals.
Posted by: maddogg at May 26, 2011 11:34 AM (OlN4e)
Posted by: joeindc44 at May 26, 2011 11:34 AM (QxSug)
The more important part of the decision is that the Supremes acknowledged that because the Arizona Law specificly used the US Law definitions of what an illegal is, and used the same US enforcment guidlines (just making them mandatory), that they did not contradict US law.
Which is what the other Arizona law also does... it reinforces the US Law, telling its law enforcment agencys to Enforce it... it does not contradict it.
The Supremes saw that a State enforcing US law (even when US Policy does not enforce said law), does not abrogate that law... which is a good sign IMO.
Posted by: Romeo13 at May 26, 2011 11:34 AM (NtXW4)
Posted by: Jane D'oh at May 26, 2011 03:32 PM (UOM4
Those liberals likes them some slave labor, don't they?
Posted by: AmishDude at May 26, 2011 11:34 AM (T0NGe)
Posted by: brak at May 26, 2011 11:34 AM (x37Yk)
Posted by: Sub-tard at May 26, 2011 11:36 AM (Q5+Og)
The Supremes saw that a State enforcing US law (even when US Policy does not enforce said law), does not abrogate that law... which is a good sign IMO.
Posted by: Romeo13 at May 26, 2011 03:34 PM (NtXW4)
I think that's actually huge. Much much bigger than this bill.
If the court rules the same way on SB1070, that the law is supreme and that even the state law supercedes executive priorities, we can inch closer to a rule of law.
Now we are ruled by bureaucrats and judges.
If we weaken one, we can weaken both.
Posted by: AmishDude at May 26, 2011 11:38 AM (T0NGe)
Those liberals likes them some slave labor, don't they?
Posted by: AmishDude at May 26, 2011 03:34 PM (T0NGe)
that and rape, both mostly rape...
Posted by: Dominique Anal-Kahn at May 26, 2011 11:39 AM (+hB3s)
Although she wants to welcome Ed back to the conservative movement (who knew?!). Anyway, that probably went a bit too far. I would have told him to pull a Mama Cass and go choke on a sandwich. Then again, she's classy and I'm me.
Posted by: laceyunderalls at May 26, 2011 11:39 AM (pLTLS)
Posted by: Barack Hussein Obama II at May 26, 2011 11:39 AM (EQNrw)
Posted by: Bob Saget has a picture of Alex Trebek at May 26, 2011 11:40 AM (F/4zf)
This is how the Republican fantasy on Hispanic immigration as the great electoral saviors of the Republican party started.
Business interests want more immigration, Republican leaders agree and then work out an electoral strategy. All of the 'compassionate conservative' bullshit goes back to Republican decisions on immigration.
Posted by: Paper at May 26, 2011 11:40 AM (VoSja)
Posted by: laceyunderalls at May 26, 2011 03:39 PM (pLTLS)
You're kidding.
Posted by: AmishDude at May 26, 2011 11:41 AM (T0NGe)
Posted by: Totally Hawt Honey Badger ben DOOM! at May 26, 2011 11:41 AM (GvYeG)
Posted by: AoSHQ's *second* worst commenter, DarkLord© at May 26, 2011 11:41 AM (GBXon)
Yep.
The Left wants to add to the permanent underclass in this country.
And the Right loves cheap labor.
Posted by: Soothsayer at May 26, 2011 11:43 AM (uFokq)
Posted by: Barack Hussein Obama at May 26, 2011 03:29 PM (c45xH)
IMPOSTER!
Posted by: Barack Hussein Obama II at May 26, 2011 03:39 PM (EQNrw)
FAKER, stop using my name...
Posted by: Barack Hussein Obama III at May 26, 2011 11:43 AM (+hB3s)
And then he let slipped, "and stupidity and vapidity and hubris, but mostly stupidity"
Posted by: The Robot Devil at May 26, 2011 11:46 AM (+hB3s)
I am quite sure that Congressman Clyburn does not know at least two words in the above sentence.
Posted by: AmishDude at May 26, 2011 11:47 AM (T0NGe)
What? We hate the Irish now?
Posted by: Jane D'oh at May 26, 2011 11:48 AM (UOM48)
Imagine a country where no Governor could say "I can't do anything about illegal immigration?" Imagine the electoral fallout in such a nation? This is a big fucking deal. Now I know why AZ scared Sparky so much. Also explains CA's full court press to paint AZ as redneck retards and possibly explains the MSM reaction to Gabby Gifford shooting. This is tuetonic change.
Posted by: Sub-tard at May 26, 2011 11:50 AM (Q5+Og)
Posted by: Barack Hussein Obama at May 26, 2011 11:50 AM (c45xH)
But he was a Hillary guy and gave a lot of money to the Clinton library. I seemed to remember that he was in the news for saying something stupid a few years ago.
Posted by: AmishDude at May 26, 2011 11:52 AM (T0NGe)
After two young moms recently abandoned their newborn babies -- one of whom did not survive -- New York officials are proposing that high school curriculum include lessons on what mothers can do if they give birth to a baby they don't want.
Posted by: The Robot Devil at May 26, 2011 11:52 AM (+hB3s)
But he was a Hillary guy and gave a lot of money to the Clinton library. I seemed to remember that he was in the news for saying something stupid a few years ago.
Posted by: AmishDude at May 26, 2011 03:52 PM (T0NGe)
He also gave money to construct the DNC headquarters in DC.
Posted by: The Robot Devil at May 26, 2011 11:53 AM (+hB3s)
Posted by: Barack Hussein Obama at May 26, 2011 03:50 PM (c45xH)
Hah, describe Michelle without using Star Wars references and I'll believe you.
Posted by: Barack Hussein Obama - Infinity at May 26, 2011 11:54 AM (+hB3s)
Borrowing the phraseology of left-wing bloggers, NBC Justice correspondent Pete Williams has (so far) thrice invoked Nazi terminology to describe SB-1070, the Arizona immigration law
Posted by: Jane D'oh at May 26, 2011 11:55 AM (UOM48)
But he was a Hillary guy and gave a lot of money to the Clinton library. I seemed to remember that he was in the news for saying something stupid a few years ago.
Posted by: AmishDude at May 26, 2011 03:52 PM (T0NGe)
He also gave money to construct the DNC headquarters in DC.
Posted by: The Robot Devil at May 26, 2011 03:53 PM (+hB3s)
So I guess he must be a democrat.
Posted by: Soona at May 26, 2011 11:57 AM (3Ij0h)
Posted by: real joe at May 26, 2011 11:58 AM (IpIBJ)
39 MSNBC continues to Lean Backward:
Borrowing the phraseology of left-wing bloggers, NBC Justice correspondent Pete Williams has (so far) thrice invoked Nazi terminology to describe SB-1070, the Arizona immigration law
Is Godwins law in force? First one to mention Hitler loses the debate.
Posted by: Sub-tard at May 26, 2011 11:58 AM (Q5+Og)
Posted by: Barack Hussein Obama II at May 26, 2011 12:00 PM (EQNrw)
Oh, FFS!
How many times do we have to go over this?
S.B. 1070 does not have a "provision that gives police wide authority to arrest and detain any individual that an officer believes is an unlawful alien".
One section of the state law requires police, when they have lawfully stopped someone, to try to determine if that person is in this country legally if there is a reasonable suspicion they are not.
Contra Obama, this is not the same thing as officers waltzing into a Coldstone Creamery and shipping random Hipanics down to Hermosillo.
Lyle Denniston might do well to get ahead of Eric Holder and actually read the fucking bill.
Posted by: Deety at May 26, 2011 12:13 PM (YTFjM)
Posted by: epv at May 26, 2011 12:21 PM (7n5AK)
Posted by: vivi at May 26, 2011 12:22 PM (fHPjz)
Posted by: ace at May 26, 2011 12:24 PM (nj1bB)
Posted by: Sheriff Joe Biden, 2016 Presidential Candidate at May 26, 2011 12:36 PM (mHQ7T)
Begnadigen Sie mich, aber was beziehen wir Ihren Immigrationspolitiken mit ein?
Posted by: order|FoundationThe Order of Brothers of the German House of Saint Mary in Jerusalem at May 26, 2011 12:42 PM (xy9wk)
@47: "This sets an interesting precedent considering the ruckus between Texas and the homeland security fondlers at airports. What would happen if Texas arrested the first airport security type to touch someone inappropriately?"
The question has been mooted - Texas opted for the France-circa-1940 plan.
Posted by: Fa Cube Itches at May 26, 2011 12:48 PM (xy9wk)
People who want to get rid of ID's are strangely the same people who want ban smoking, put cameras at every intersection (here in CA), force restraunts to serve carrots instead of french fries, etc.. But an ID card? POLICE STATE!!!
This is so transparent as to why they fight this. I cannot believe the Judge doesn't just start laughing relentlessly until the traitors leave the courtroom in shame
Posted by: Billy Barty at May 26, 2011 12:49 PM (V+aEN)
Posted by: Jean at May 26, 2011 01:01 PM (WkuV6)
Posted by: Pissy Pessimist at May 26, 2011 01:03 PM (33ADJ)
Posted by: Jean at May 26, 2011 01:04 PM (WkuV6)
Posted by: dscott at May 26, 2011 01:26 PM (gaD9p)
Posted by: Jordan at May 26, 2011 01:54 PM (4z6KA)
Posted by: Vic at May 26, 2011 02:29 PM (M9Ie6)
Posted by: joncelli at May 26, 2011 03:29 PM (RD7QR)
That's too scientific for them.
Posted by: soulpile is...expendable, s.a. at May 26, 2011 02:39 PM (Mk/IQ)
Just think: the chamber of commerce. That bastion of heralded, wise and patriotic community oriented sorts, selling out America to keep themselves in gated communities. Of course, no CoC member is going to have to worry about a family member losing his/her job to an illegal.
But maybe. just maybe, one can get slaughtered by some drunken central american, employed by one of their members.
Posted by: jorge at May 26, 2011 03:24 PM (y0VOX)
Jordan- That's like saying its wrong to punish drug-users as well as drug dealers. Without employers willing to hire illegals, there would be no reason for them to come here. This decision is key. Stop the demand, and the supply will go away. No deportations, no crying mamas when their baby-daddys get hauled away in cuffs featured live at 5.
Posted by: Ugly126 at May 26, 2011 03:34 PM (/rTa3)
Posted by: Jordan at May 26, 2011 04:01 PM (4z6KA)
Posted by: Ugly126 at May 26, 2011 06:05 PM (/rTa3)
Posted by: dscott at May 26, 2011 10:42 PM (NGe7F)
Posted by: Hugh Everett at May 27, 2011 03:29 AM (MxlHA)
Posted by: Robert17 at May 27, 2011 03:50 AM (LaaRT)
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Posted by: tarpon at May 26, 2011 11:28 AM (g0QB8)