May 26, 2011

Arizona Wins Immigration Case At Supreme Court
— 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 Arizona’s four-year-old Legal Arizona Works Act intrudes upon federal immigration policy on aliens’ 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 Court’s declarations was a resuscitation of a 1976 precedent, DeCanas v. Bica, speaking broadly of a federal-state partnership on restricting aliens’ 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.

1 Employer sanctions means no illegal jobs ... Put up signs not fences ... LOL

Posted by: tarpon at May 26, 2011 11:28 AM (g0QB8)

2 So, logic, decency, and reason have not wholly abandoned the court system.

Posted by: maddogg at May 26, 2011 11:28 AM (OlN4e)

3 So does anybody understand how the Supreme Court really thinks or is it just a matter of ripping open a chicken and divining its entrails?

Posted by: joncelli at May 26, 2011 11:29 AM (RD7QR)

4 Come on, clarify the issues. This isn't about preemption by state of federal issues, it's about a conflict between a state that wants to enforce rules consistent with existing federal rules while the current presidential administration wants to ignore those rules as a matter of policy. That is, this is really about conflict of presidential policy and state legislation.

Posted by: joeindc44 at May 26, 2011 11:29 AM (QxSug)

5 What next? Are they going to ask to see a birth certificate? Nazis!

Posted by: Barack Hussein Obama at May 26, 2011 11:29 AM (c45xH)

6

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)

7 the eleventh circuit panel is a bigger analysis. I have yet to find a good one.

Posted by: Flapjackmaka at May 26, 2011 11:32 AM (u8JAM)

8 All the libs have their undies in a wad here over Georgia's new immigration law.  "But....who's going to mow the lawns?!?!"

Posted by: Jane D'oh at May 26, 2011 11:32 AM (UOM48)

9 6

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)

10 "But....who's going to mow the lawns?!?!" your spoiled lazy teens because in a year or two in Great Depression 2.0, your family is going to need to earn/save some $

Posted by: joeindc44 at May 26, 2011 11:34 AM (QxSug)

11

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)

12 8 All the libs have their undies in a wad here over Georgia's new immigration law.  "But....who's going to mow the lawns?!?!"

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)

13 Here in Texas, Dems in the legislature blocked efforts to pass a state law banning the concept of "sanctuary cities." So Arizona's problems can just come here. Until we get a rational border enforcement policy. Like that will happen.

Posted by: brak at May 26, 2011 11:34 AM (x37Yk)

14
the Chamber of fucking Commerce was the plaintiff in this suit???

Posted by: Soothsayer at May 26, 2011 11:35 AM (uFokq)

15
color me: incredulous



Posted by: Soothsayer at May 26, 2011 11:36 AM (uFokq)

16 I hope my fellow bloggers realize if these two laws are upheld, then we as citizens can enforce our will on local and state pols to protect our country from illegal aliens. Currently, we are captive to federal special interests. These two laws would crush illegal immigration without the expense of all those gators and moats. If CA wants to turn a blind eye on illegals - then thats fine- they pay for their choices in higher state taxes - not the rest of the country.

Posted by: Sub-tard at May 26, 2011 11:36 AM (Q5+Og)

17

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)

18

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)

19 Not to go OT so early but Laura I's 'apology accepted' speech was as classy as I figured it would be.

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)

20 5 What next? Are they going to ask to see a birth certificate? Nazis! Posted by: Barack Hussein Obama at May 26, 2011 03:29 PM (c45xH) IMPOSTER!

Posted by: Barack Hussein Obama II at May 26, 2011 11:39 AM (EQNrw)

21 Broad statewide mandates on business are a little scary.  Sure the E-verify program sounds good but what about the S-verify program?  The one that revokes your business license if you hire a smoker?

Posted by: Bob Saget has a picture of Alex Trebek at May 26, 2011 11:40 AM (F/4zf)

22 #14

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)

23 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 03:39 PM (pLTLS)

You're kidding.

Posted by: AmishDude at May 26, 2011 11:41 AM (T0NGe)

24 I have free green cards for any and all IDF babes interested ... just sayin'

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)

26
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)

27 20 5 What next? Are they going to ask to see a birth certificate? Nazis!
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)

28 WASHINGTON — House Assistant Democratic Leader Jim Clyburn, the highest-ranking African-American in Congress, on Wednesday blamed most of President Barack Obama's political problems on racism.
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)

29 "and stupidity and vapidity and hubris, but mostly stupidity"

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)

30 29 WASHINGTON — House Assistant Democratic Leader Jim Clyburn, the highest-ranking African-American in Congress, on Wednesday blamed most of President Barack Obama's political problems on racism.

What?  We hate the Irish now?

Posted by: Jane D'oh at May 26, 2011 11:48 AM (UOM48)

31

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)

32 I'm the real Obama, and I have the original Illustrator files to prove it!

Posted by: Barack Hussein Obama at May 26, 2011 11:50 AM (c45xH)

33 OT, sidebar: The "Jewish donor" is Haim Saban.  He of Mighty Morphin' Power Rangers fame.

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)

34
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)

35 35 OT, sidebar: The "Jewish donor" is Haim Saban.  He of Mighty Morphin' Power Rangers fame.

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)

36 33 I'm the real Obama, and I have the original Illustrator files to prove it!

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)

37 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


Posted by: Jane D'oh at May 26, 2011 11:55 AM (UOM48)

38 OT, sidebar: The "Jewish donor" is Haim Saban.  He of Mighty Morphin' Power Rangers fame.

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)

39 I did not read all 69 pages, just the headnote. But I think it does bode well for the AZ immigration law because that does not conflict with federal immig law, only seeks to enforce it. If there was a conflict, I believe preemption would be something to worry about.

Posted by: real joe at May 26, 2011 11:58 AM (IpIBJ)

40

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)

41 FAKER, stop using my name... Posted by: Barack Hussein Obama III at May 26, 2011 03:43 PM (+hB3s) Ahem.

Posted by: Barack Hussein Obama II at May 26, 2011 12:00 PM (EQNrw)

42 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.

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)

43 Does this imply that because licensing is a state province and the state can put any non discriminatory requirements they deem necessary on that licensing that a state could require a legal residency check before issuing a drivers license or other state issued ID? Having a fake ID is easily enforceable by the state. This would let the states deal with the illegals without getting ICE involved. Or is there some legal gotcha that prevents states from verifying residency status before issuing a drivers license?

Posted by: epv at May 26, 2011 12:21 PM (7n5AK)

44 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? 

Posted by: vivi at May 26, 2011 12:22 PM (fHPjz)

45 Wow, DrewM, good eye. I'm glad you're posting real news while I dick around. Nice case. Dig it, dig it.

Posted by: ace at May 26, 2011 12:24 PM (nj1bB)

46 He also gave money to construct the DNC headquarters in DC. That's a big fucking deal!

Posted by: Sheriff Joe Biden, 2016 Presidential Candidate at May 26, 2011 12:36 PM (mHQ7T)

47 @32: "This is tuetonic change."
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)

48

@42: "Is Godwins law in force? First one to mention Hitler loses the debate."

Motherfucker! 

Posted by: People debating German Executive decisions 1933-1945 at May 26, 2011 12:45 PM (xy9wk)

49

@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)

50

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)

51 The SCOTUS Blog link continues to construe SB1070 thru lefty spectacles: "S.B. 1070 sought to impose added controls on aliens in the workplace. But even more controversially, it allowed police to arrest and detain any individual the officer thought to be an unlawful alien, made it a crime for an alien to even be in the state without legal immigration papers, and allowed police to arrest without a warrant anyone they believed to have committed a crime that could lead to deportation. All of those provisions have been temporarily blocked by the Ninth Circuit" e.g.: Aliens are required to have their papers by Federal law

Posted by: Jean at May 26, 2011 01:01 PM (WkuV6)

52 Just wondering whether the kinds of outfits that hire a lot of the illegals will really have to comply with the e-verify thing. Landscapers, contractors, and the other many small businesses with maybe less than twenty employees. My bro builds new WalMarts and has been at it for quite a while. Says that WalMart has an extremely tough program for ensuring all subs at all levels are as legal as e-verify can prove it, and that all employees, absolutely all, must be wearing photo ID badges when on the job. Imagine that degree of compliance laid onto, say, restaurants, landscapers, residential contractors, and more.

Posted by: Pissy Pessimist at May 26, 2011 01:03 PM (33ADJ)

53 This "licensing" exemption opens doors for Texas -- they could require that anyone, except fully sworn Federal special agents - which the TSA goons are not, doing security functions be licensed by the Texas Dept of Public Safety.

Posted by: Jean at May 26, 2011 01:04 PM (WkuV6)

54 Rationality would say the same principles that declared the AZ worker verification law Constitution would hold the same for the ID law. What's the point of verification IF you can't insist on an ID? That would be like saying you're allowed to build a dam for flood control but in the next breathe your not allowed to hold back water.

Posted by: dscott at May 26, 2011 01:26 PM (gaD9p)

55 It's wrongheaded to punish employers who hire illegal immigrants. When a willing employer and a willing employee enter into a private contract, government should but out. I live in a neighboring state, but I don't think my tax dollars should go toward prosecuting the businesses in my community.

Posted by: Jordan at May 26, 2011 01:54 PM (4z6KA)

56 Hahahaha; if it was up to me I would fine companies who knowingly hire illegals for the first offense and jail them for the second.

Posted by: Vic at May 26, 2011 02:29 PM (M9Ie6)

57 3 So does anybody understand how the Supreme Court really thinks or is it just a matter of ripping open a chicken and divining its entrails?

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)

58 It is interesting to see the premier illegal alien apology faction outing themselves.

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)

59

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)

60 In a time of limited (and hopefully shrinking) budgets, spend those state law enforcement dollars on prosecuting murder, rape and burglary, not Wal-Mart, Sears and Publix.

Posted by: Jordan at May 26, 2011 04:01 PM (4z6KA)

61 Where was SCOTUS when I needed them?

Posted by: Chamber Maid at May 26, 2011 05:06 PM (ROpbq)

62 The cops will get to the murderers, rapists, and burglars.  But get a few high-profile prosecutions of those who employ illegals, and the rest of those who disregard the law will start checking.  Jobs for illegals will dry up, those here will self-deport, and no new illegals will come (mostly).  Supply and demand.

Posted by: Ugly126 at May 26, 2011 06:05 PM (/rTa3)

63 #58, what part of illegal do you not understand?  You are not allowed to engage in any contract that breaks the law, much less hire an illegal alien.

Posted by: dscott at May 26, 2011 10:42 PM (NGe7F)

64 Interesting that the liberal wing of the Court came down in opposition to Arizona. Isn't the liberal mantra: "Prosecute the employers!"? Threatening employers with sanctions certainly worked in Oklahoma.

Posted by: Hugh Everett at May 27, 2011 03:29 AM (MxlHA)

65 The content of the law, and the precise wording, were evoked from Federal law. That's the big deal. That's how the AZ law passed muster. Taken from the Pro League Law Writer playbook. This will become the individual state's template for writing legislation that doesn't get kicked back on themselves but rather have the effect of being upheld at every judicial level. (note that even the 9th district upheld it, and they are typically lib-loons)

Posted by: Robert17 at May 27, 2011 03:50 AM (LaaRT)

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