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Did SCOTUS Decision on Arizona Illegal Immigration Law Tip Their Hand on S.B. 1070?

Jack Thomas 2011/05/27 22:37:15
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OPINION: Did SCOTUS AZ Illegal Immigration Law Decision Tip Their Hand on S.B. 1070?

The Supreme Court this week upheld the Legal Arizona Workers Act of 2007 which allows Arizona courts to suspend or revoke the licenses necessary to do business in the state if an employer knowingly or intentionally employs an unauthorized alien. It also required employers in Arizona to use the federal “E-verify” system to check the eligibility of each potential employee.

The 5-3 decision by the high court bodes well for its inevitable future consideration of the controversial Arizona S.B. 1070: the law that allows Arizona police officers to request proof of residency from individuals that they have already detained for other reasons and whom they have reason to suspect may not be in the country illegally. Here’s why:

1. The Supreme Court, in this decision in general recognized that the states have a legitimate role in helping enforce immigrations policies to the extent that they affect the state itself as long as they do not engage in acts that have been preempted by federal legislation.

2. The Supreme Court did not defer to the current administration. Not surprisingly, President Obama’s administration opposed this law even though it was aimed not at the illegal aliens themselves but their potential employers, and even though the federal law itself had carved out an exception that said states could enforce their own licensing regulations to prevent the hiring of illegal aliens. As Chief Justice Roberts wrote for the majority:

“It makes little sense to preserve state authority to impose sanctions through licensing, but not allow states to revoke licenses when appropriate as one of those sanctions.”

3. Finally, the state rejected the argument that theoretically the law might cause discrimination, saying that current employment anti-discrimination laws were sufficient to deter that. It will be interesting to see if S.B. 1070’s explicit provision against profiling is sufficient in the Court’s eyes to provide similar protection.

The big difference between the Arizona law considered in this case and S.B. 1070 is that in this case the Arizona law was narrowly crafted to fit within federal statutory exception and they are in a much more ambiguous area of general police enforcement.

Yes, this decision bodes well for the supporters of S.B. 1070 when their case comes to the Big Court. They would have been dead in the water if they lost this case. But when S.B. 1070 finally gets to the Court of Last Resort it’s going to be a very tough, very close call.

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  • Solipsism 2011/05/31 18:42:58
    No
    Solipsism
    I am not sure what "tip their hand" insinuates so I'll just give my opinion anyways.

    E-Verify is not a completely understood government system. It ONLY verifies that a SSN matches the valid ID. It does NOT catch an illegal trying to find a job. Employers that use this system should not be penalized. They are following the laws set forth.

    Any illegal can buy an SSN and then go to a government agency to acquire an ID to match the age and name, except if the illegal bought a SSN of a 85 year old woman and he is a 30 year old man. Then E-Verify files it on through as being legal. It is therefore, our government's lack of a more detailed program that allows these illegals to skirt the system.

    I support the SB 1070 Law 100%. I wish Cali would do the same.
  • davyd god loving patriot 2011/05/31 18:09:25
    No
    davyd god loving patriot
    I think you should check the tip of you're pointed head, does the police check you're ID ? You are a loon
  • wicked soda boy 2011/05/31 17:48:23
    Yes
    wicked soda boy
    +2
    Yes, and they got this one right. Boo-hoo, Eric Holder and the BHO Administration.
  • phil white wicked ... 2011/05/31 18:08:10 (edited)
    phil white
    +1
    Boy you pegged Holder. Look at this video where Holder tells Sen. Sessions that hate crime statuets aren't supposed to protect whites.
    PC=anti-white, anti-white=PC
    http://www.youtube.com/watch?...
  • Shawn 2011/05/31 17:40:53
    No
    Shawn
    +2
    Sounds like they pretty much made the right decision to me. A country has the right to protect it's borders, and part of that falls on the states on the border. If the states are the ones giving them the licensing, then they should have the right to take it away too.
  • Tuna 2011/05/31 17:37:30 (edited)
    Undecided
    Tuna
    The "WORLD" Progressive buzzards are just waiting to pick the bones of the "late great USA"; sad isn't it?? world progressive buzzards waiting bones late usa sad uncle sam being choked to death
  • Luke 2011/05/31 15:42:57
    Undecided
    Luke
    +4
    I just hope they understand the word"ILLEGAL"
  • Lanikai Luke 2011/05/31 16:49:55
    Lanikai
    +1
    I hope they all study the constitution BEFORE they make a decision.
  • DDogbreath 2011/05/31 15:24:30
    No
    DDogbreath
    +6
    Unless you are a resident of Arizona, I feel it is NONE OF YOUR DAMN BUSINESS! SB 1070 Is a good law signed by Governor Jan Brewer because we are being invaded by illegal aliens here. The Federal Government is not doing it's job keeping our borders safe.
    It is not a racist law, if you think so then you haven't read it, or lack reading comprehension skills. I think all of them should be deported IMMEDIATELY AFTER spending a week picking up the garbage they left in our once pristine desert.
    skills deported immediately spending week picking garbage pristine desert
  • Lanikai DDogbreath 2011/05/31 16:52:32
    Lanikai
    +6
    I agree. We are being over run now in Alabama by the damned illegals. I wish they would force them out. They come here and get welfare, get medicaid/medicare get SS for "illnesses" they brought with them, and get free housing, then work for cash under the table. They are stealing our jobs, our social spending dollars and causing untold property damage and police activity costs.
  • DDogbreath Lanikai 2011/05/31 17:32:26
    DDogbreath
    +3
    The "anchor baby" thing MUST STOP! That is what's attracting so many of them...
  • photodude 2011/05/31 14:52:32
    Undecided
    photodude
    +2
    I am torn, my family came her the legal way, people that skirt the law suck.
  • kenan01 2011/05/31 14:12:09 (edited)
    Undecided
    kenan01
    +2
    The Supremes "keep me hanging on" with their decisions that make me wonder "where did our love go?" It's time to tell the Illegals to "run, run, run" back to the border over "river deep and mountain high." No more "love child" to anchor the parents to the U.S.A.!

    No, don't even think that "my world is empty without you," because "love is here and now you're gone."

    "I hear a symphony" because the illegal supporters are in for some "bad weather" and for the law abiding American citizens it soon going to be "automatically sunshine."

    No, "you can't hurry love," but the Supremes have ruled and "I second that emotion"

    So, I guess it's time to tell all of the illegals, "let yourself go" back to the counrty you love so much that you refuse to leave it's cultures and language behind to become an American.

    And, if you ever even think about sneaking across the border again, to steal, rape and murder, I want you to "stop, in the name of love," before you break the law.

    You may hate me and my country, but, "I'm gonna make you love me," or, I'm going to have to ask you to feel "the weight," the "touch" and "nothing but heartaches," on your way out the door.

    "Things are changing," and "my heart can't take it no more."

    It's "the happening" "Baby love," so, get ready for "tears...



    The Supremes "keep me hanging on" with their decisions that make me wonder "where did our love go?" It's time to tell the Illegals to "run, run, run" back to the border over "river deep and mountain high." No more "love child" to anchor the parents to the U.S.A.!

    No, don't even think that "my world is empty without you," because "love is here and now you're gone."

    "I hear a symphony" because the illegal supporters are in for some "bad weather" and for the law abiding American citizens it soon going to be "automatically sunshine."

    No, "you can't hurry love," but the Supremes have ruled and "I second that emotion"

    So, I guess it's time to tell all of the illegals, "let yourself go" back to the counrty you love so much that you refuse to leave it's cultures and language behind to become an American.

    And, if you ever even think about sneaking across the border again, to steal, rape and murder, I want you to "stop, in the name of love," before you break the law.

    You may hate me and my country, but, "I'm gonna make you love me," or, I'm going to have to ask you to feel "the weight," the "touch" and "nothing but heartaches," on your way out the door.

    "Things are changing," and "my heart can't take it no more."

    It's "the happening" "Baby love," so, get ready for "tears of sorrow."

    I know you are thinking "where did our love go?" Well, "forever came today" and it's time to ask yourself "Where do I go from here?" and to admit to yourself "I guess I'll miss the man" and "I'm living in shame," for the way I acted as a guest in his home, burning his flag, threatening his culture, refusing to speak his language, disobeying his laws all the while dipping my cup into the well of his generosity, taking food and a free education for my children, taking free medical care from his hospitals, raising my flag above his and spitting in his face while I took everything I could.

    education children free medical care hospitals raising flag spitting Riot atzlan
    (more)
  • Lanikai kenan01 2011/05/31 17:00:39
    Lanikai
    +1



    here is a song that describes the problem, and I too , wish our fed would get the illegal invaders the HELL out of our nation.
  • Bob DiN 2011/05/31 10:12:20
    Undecided
    Bob DiN
    +2
    So far it's AZ 1, illegals 0.
  • nolibsperiod 2011/05/31 03:55:05
    Undecided
    nolibsperiod
    +4
    Should have shut the gates all of them to the world a hundred years ago. They have nothing we want, we have everything they want. They come here to take not to add or give. Immigrant basher? You bet.
  • A Carpenter 2011/05/31 03:31:15
    Undecided
    A Carpenter
    +3
    each law is seperate and distinct and will be judged on it's own merits. although we hope that sotomayor won't use her own brand of "Wisdom" to find in favor of Latinos.
    so far, her track record is %100 in favor of illegals.
    who's surprised here..... no really, is anyone surprised?
  • keeper 2011/05/31 03:10:41
    Undecided
    keeper
    +2
    We can hope that 1070 is upheld~~
  • Magus BN-0 2011/05/31 03:05:55
    No
    Magus BN-0
    +1
    Aside from both laws coming from Arizona they have nothing in common. This one was upheld on the basis of the existing federal law about licensing. Licensing is not an issue in SB 1070.
  • phil white 2011/05/30 23:00:25 (edited)
    Yes
    phil white
    +1
    If SB1070 came in front of SCOTUS now I think it would lose, but by the time it does (2 years?)
    Increasing anti-immigration public reaction will sway the court. The old saying goes "The court reads the 'lection returns."
  • suecoop phil white 2011/05/30 23:57:54
    suecoop
    +2
    It's not anti-immigtation public reaction this is fueling this....this is anti-ILLEGAL immigration. There is a big differebnce.
  • phil white suecoop 2011/05/31 17:50:37 (edited)
    phil white
    In your opinion it's only anti-illegal sentiment.
    PC media pushes alien immigration on every white country and ONLY on white countries.
    Then the same PC media pushes intergration an assimilation. Then it talks about how the last blonde (stand in for whites) will be born in Scandinavia in 2202.
    Tell me why this is not a program to eliminate my race, the whites world wide?
    PC=anti-white, anti-white = PC.
  • suecoop phil white 2011/05/31 19:04:31
    suecoop
    I gotta say you have a point. When I saw the anti-immigration thing in your post, I bristled because of LULAC and others who use the term anti-immigration here in Texas when talking about cities who do not want sanctuary cities or illegals as their neighbors. Those people never seem to make the distinction between legal and illegal.
  • phil white suecoop 2011/05/31 20:31:23
    phil white
    This guy Tim Wise is really making the point.

    "...It’s OK. Because in about forty years, half the country will be black or brown. And there is nothing you can do about it."

    (He's talking about conservative whites dying off and being out voted.)

    http://blackfolk.livejournal....
  • Bomb a 2011/05/30 22:15:58
    No
    Bomb a
    +1
    LEGAL imigration from Central and South America is three times greater than Europe. .
  • sjalan 2011/05/30 20:03:30
    Yes
    sjalan
    +1
    Not only does it show the mental bent of the court but the probable direction of their decision. The SCOTUS is no longer an independant part of our government. It has been politicized to the point of being comparmised in its legal decisions thus jeprodizing the very core of our US Constitution of impartial justice.

    Frankly, I just hope that at least three of the conservative justices either resign or die this year so they can be replaced with more moderate justices.
  • kobidob... sjalan 2011/05/30 21:50:13
    kobidobidog
    This is what God thinks about mans wisdom in the courts:

    King James Bible
    Judge not according to the appearance, but judge righteous judgment .
    Righteous judgment John 7:2, God judges the heart, but humans judge outward appearances.
    All should know God judges the heart,and that God should be in us,and when God is in us we will love all, and seek peace on earth with all men.
    King James Bible 1 Corinthians 4:5

    1 Corinthians 3:19 ,King James Bible
    For the wisdom of this world is foolishness with God. For it is written, He taketh the wise in their own craftiness.
    1 Corinthians 1:20, .Where [is] the wise? where [is] the scribe? where [is] the disputer of this world? hath not God made foolish the wisdom of this world?
    The Legal system condemns humans,and in so doing keeps condemners out of heaven. That means whoever condemns is foolish. What does that tell you?
  • sjalan kobidob... 2011/05/31 00:16:43
    sjalan
    Frankly I fail to see where ANY religiously based statements, from any source, have anything at all to do with the CIVIL LAW CODES of our nation.

    The very core of our legal system is that it is completely separate from the religious law codes as was the intent of our Founding Fathers. In the Federalist Papers they made it very clear that the intent of our Constitution was to prevent the imposition of any form of religious rule of our civil government.

    Remember they had just broken the bonds from English royal rulership and the Church of England's imposed religious doctrines over the previous 75-100 years. Our country was basicly founded by revoltionaries and progressives. A lot of people do not think of it that way but our Founding Fathers were really out there when it came to how men should govern themselves. Almost all of Europe was one form of monarchy or dictatorship. To think men could govern themselves as commoners was outrageous.

    The place for religious rules and regulations is in the individual NOT in the total of society and its laws and civil government.

    If you will remember too, Jesus turned away when offered the Kingship of Isreal, setting the example of separation of religious belief and civil government.
  • freebirdie sjalan 2011/05/31 11:56:41
    freebirdie
    +2
    Jesus turned away because that was not why He came. If you knew your bible, you would also know that He put rulers into place that worshipped Him! He also put rulers into place that did not, and made an example out of them.
    When those rulers followed Him, all went well with the people (peace and prosperity). Read it yourself..
  • Lanikai freebirdie 2011/05/31 17:02:32
  • kobidob... sjalan 2011/06/10 21:32:02 (edited)
    kobidobidog
    The law of man to God is foolish. God says condemn whoever,and do not have Jesus in you who does not condemn,and end up condemning your soul,and body to dust. Whats so hard to figure out? We have human law because we are not perfect in love. Fear causes humans to harm humans,and results in war, and the holding of others in bondage.This is what God wants us to do Isaiah 61:1King James Bible
    The Spirit of the Lord GOD [is] upon me; because the LORD hath anointed me to preach good tidings unto the meek; he hath sent me to bind up the brokenhearted, to proclaim liberty to the captives, and the opening of the prison to [them that are] bound;
    Mans law is:1 Corinthians 1:20Where [is] the wise? where [is] the scribe? where [is] the disputer of this world? hath not God made foolish the wisdom of this world?

    1 Corinthians 3:19:For the wisdom of this world is foolishness with God. For it is written, He taketh the wise in their own craftiness.Mans law lacking forgiving merciful love is foolishness because in heaven we will have humans following Gods law, and not mans law. Do you think those that follow mans law have the law of God in them?
    All need to have Jesus in us to save us.
  • sjalan kobidob... 2011/06/11 00:47:32
    sjalan
    My general answer to your statements boils down to

    "Faith without works is dead" I see NO works by the greater part of Christendom, more to the point, I see the hate and spiritual vacuum created by false teachings of misleading false prophets.

    The Mosaic Law code was brought to an end by the death of The Christ with the establishment of New Jerusalem over which The Christ is ruling.

    You have a little bit of education to afford your self of in a really good Bible study outside the influences of modern day Christendoms false religious teachings.
  • kobidob... sjalan 2011/06/11 01:14:36
    kobidobidog
    The good works will be doing good to whoever loving whoever keeping the whole law of God.I already see all of the false teachings that hurt humans,and attempt to set man against man,
  • sjalan kobidob... 2011/06/11 08:22:50
    sjalan
    +1
    Only one answer to that as I said is that the Mosaic Law code has been ended and replace by this:

    MATTHEW 22:34-40 (RSV)


    34
    But when the Pharisees heard that he had silenced the
    Sad'ducees, they came together.
    35
    And one of them, a lawyer, asked him a question, to test him.
    36
    "Teacher, which is the great commandment in the law?"
    37
    And he said to him, "You shall love the Lord your God with all
    your heart, and with all your soul, and with all your mind.
    38
    This is the great and first commandment.
    39
    And a second is like it, You shall love your neighbor as
    yourself.
    40
    On these two commandments depend all the law and the prophets."

    At the time Jesus said this the Mosaic Law code was still in effect. Upon his death we are reminded that these two were the only law left.
  • kobidob... sjalan 2011/06/17 05:43:48 (edited)
    kobidobidog
    One teeny small thing, but it is related, and that is having that law in the inward parts, and even a human calling himself an atheist can still have that law in his heart.
  • sjalan kobidob... 2011/06/17 11:56:55
    sjalan
    I think what you are speaking of is stated in the Bible like this (i'll paraphrase)

    A person not under law but having law unto themselves is as with law.

    The problem with this is how that person was raised. If the person was raised as a self-centered individual selfish person they would conflict with a person who was raised as a genereous person who is loving and kind.

    In both cases they are "A person not under law but having law unto themselves is as with law."

    Whose law? is really the question. Each person must adopt or create their own internal law to live by. It cannot be forced upon a person because they will naturally revolt against it.
  • kobidob... sjalan 2011/06/17 16:18:53 (edited)
    kobidobidog
    When a person is not under the law will have the law of God in him,and many have that law in them,and the persecuted over history have had that law in them...1 John 4 ,12,
    If we love one another, God dwelleth in us. That is the unwritten law.
  • voice_m... kobidob... 2011/05/31 13:17:57
    voice_matters
    +1
    can you tell me how that ignorance gets you out of your civil duty to serve on a jury?
  • kobidob... voice_m... 2011/06/10 21:41:11
    kobidobidog
    I will never particulate in a jury for a jury condemned a perfect man named Jesus. That means a jury is evil, and the whole judicial system is evil condemning the body that dies, and the soul of the unrepentant condemner to be the ashes under the feet of the righteous.
  • voice_m... kobidob... 2011/06/11 17:15:33
    voice_matters
    well thanks for showing your ignorance lib. jesus was sentenced to death by a single man.
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