U.S. Supreme Court strikes down key parts of Arizona immigration law | Arkansas Blog

Monday, June 25, 2012

U.S. Supreme Court strikes down key parts of Arizona immigration law

Posted By on Mon, Jun 25, 2012 at 9:25 AM

The U.S. Supreme Court today overturned three parts of Arizona's controversial immigration law , but upheld one part at least for now.

"Arizona may have understandable frustrations with the problems caused by illegal immigration while that process continues, but the state may not pursue policies that undermined federal law," the court said in a 5-3 decision.

The court said federal law pre-empted Arizona's desire to regulate alien registration and set criminal penalties. It also said Arizona couldn't set criminal penalties on those who hired unauthorized aliens and said states couldn't make warrantless arrests of suspected undocumented aliens. Unauthorized presence is not a federal criminal offense, but a civil one, the court noted. The Supreme Court said, however, it wasn't ready to uphold lowers courts' disapproval of a section of the Arizona law that allows stops of people to determine immigration status where sufficient cause exists. "It was improper to enjoin §2(B) before the state courts had an opportunity to construe it and without some showing that §2(B)’s enforcement in fact conflicts with federal immigration law and its objectives."

Justices Kennedy, Roberts, Sotomayor, Ginsburg and Breyer formed the majority. Scalia, Thomas and Alito filed opinions concurring in part and dissenting in part. Kagan didn't participate.

The decision was a rare victory for the Obama administration, Talking Points Memo notes.

A coalition that has opposed punitivie immigration laws in Arkansas has a news conference this afternoon. I think they'll be generally pleased and hope this throws some cold water on future plans to to try the same batch of measures again. The stop-and-check provision — though problematic in progress — remains a concern.

PS — If you think A. Scalia isn't about all politics all the time, check his rip of Obama and matters outside the case. If you think he isn't prepared to reverse himself on precedent in striking down Obamacare, you live in a dream world.

Tags: , ,


Favorite

Comments (9)

Showing 1-9 of 9

Add a comment

 
Subscribe to this thread:
Showing 1-9 of 9

Add a comment

More by Max Brantley

  • One dead, two wounded in early morning shooting

    KARK's Susanne Brunner reports that one person has been killed and two wounded in a shooting shortly after 1 a.m. this morning near Roosevelt Road and Cross Street.
    • Apr 17, 2019
  • Reality bites at Little Rock City Hall; spending must be cut

    A followup to Rebekah Hall's earlier report on Little Rock Mayor Frank Scott Jr.'s announcement that cuts will be necessary in the city budget in part to pay for "priorities," such as his desire to expand the police force, but also to deal with the reality often mentioned here of stagnant to decling city sales tax revenue. Some quick ideas on that:
    • Apr 17, 2019
  • Speaking of hard times in newspapers: Democrat-Gazette's move to digital

    Word continues to filter in of the Arkansas Democrat-Gazette's pullback from statewide circulation of a print daily edition of the newspaper — the latest from the Hot Springs area, just 50 or so miles down the road from Little Rock. Subscribers there were told home delivery of a print paper would end in May.
    • Apr 16, 2019
  • More »

Readers also liked…

Most Recent Comments

  • Re: Open line

    • I think my bluebird pair have abandoned home and hearth. Perhaps 1 was a trump…

    • on April 20, 2019
  • Re: Open line

    • Baby Jane Hudson to dying, lying sister Blanche on the beach in The 'Bu. "You…

    • on April 20, 2019
  • Re: Good Friday Open Line

    • Deathby, you don't have a clue. The State of Israel was built out of the…

    • on April 20, 2019
 

© 2019 Arkansas Times | 201 East Markham, Suite 200, Little Rock, AR 72201
Powered by Foundation