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Obama Asks Supreme Court To Ax Ariz. Employer Sanction Law
judicial watch ^ | Tue, 06/01/2010 - 11:11am

Posted on 06/01/2010 3:16:34 PM PDT by Bad~Rodeo

The Obama Administration has asked the Supreme Court to prohibit Arizona from enforcing a two-year-old measure—signed into law by former Governor Janet Napolitano—punishing businesses that hire illegal immigrants.

Ironically, President Obama’s Homeland Security Secretary ardently supported the law when she signed it in 2007 though she refuses to comment on her boss’s campaign to eliminate it. Considered the nation’s toughest measure against businesses that hire illegal aliens, the Legal Arizona Workers Act requires employers to verify that employees are authorized to work in the U.S. Those caught hiring illegal workers are severely punished and can have their license revoked.

Legally challenged by the U.S. Chamber of Commerce and other business groups, the law has been repeatedly upheld by lower courts. Last week the Obama Administration urged the Supreme Court to toss out those rulings by preventing Arizona from enforcing the measure because federal immigration law expressly preempts any state law imposing sanctions on employers hiring illegal immigrants.

The Arizona law disrupts "a careful balance that Congress struck nearly 25 years ago between two interests of the highest importance: ensuring that employers do not undermine enforcement of immigration laws by hiring unauthorized workers, while also ensuring that employers not discriminate against racial and ethnic minorities legally in the country," according to a brief filed by the administration.

The reality is however, that virtually no employers have been punished even though Arizona is estimated to have hundreds of thousands of illegal workers. A chunk of the money (about $5 million) allocated by the legislature for enforcement remains unspent in municipalities throughout the state and many county prosecutors complain that the law is virtually impossible to enforce because it doesn’t give local authorities charged with pursuing violators civil subpoena power to examine personnel records that could prove illegal aliens were knowingly hired.

Regardless, the law has achieved part of its goal because scores of illegal immigrants have fled to other states in the last few years or back to their Latin American homelands, according to a Texas newspaper report that says many have relocated in the Lone Star State. Parents have pulled their kids out of public schools, construction workers have abandoned their jobs and families have hastily moved out of apartments.

The Obama Administration is also preparing to fight another Arizona law—scheduled to take effect July 29—that makes it a state crime to be in the U.S. without proper documentation. The measure (SB1070) also bans “sanctuary city” policies and requires local police to check the immigration status of all residents that have any encounters with law enforcement. Although the state measure was adopted from the federal statute, Obama claims it’s unconstitutional and racist.


TOPICS: Front Page News; Government; News/Current Events; US: Arizona
KEYWORDS: aliens; arizona; obama; supremecourt; washington
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There goes the neighborhood
1 posted on 06/01/2010 3:16:35 PM PDT by Bad~Rodeo
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To: Bad~Rodeo

Maybe SCOTUS can ask the usurper to provide some papers.


2 posted on 06/01/2010 3:19:27 PM PDT by Frantzie (Democrats = Party of I*lam)
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To: Frantzie

Good lets get a court ruling n this ... before Ms international law gets on the bench


3 posted on 06/01/2010 3:23:17 PM PDT by RnMomof7
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To: Bad~Rodeo

This issue is the ultimate example of the disconnect between the citizenry and Washington. Obama gets an F on this issue. Bush gets a D-. The GOP in general is terrible, although a portion of the party is on board with the American people.

The combination of this issue along with the trillions of dollars in spending and massive debt are going to soon cause civil unrest or a complete shakeup of the congress to a level that makes 1994 look like a non-event....whichever comes first, I do not know. We shall see.


4 posted on 06/01/2010 3:26:20 PM PDT by ilgipper
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To: Bad~Rodeo

I don’t see how Former Arizona Governor Janet Napolitano, now Obama’s Secretary of Homeland Security, can express her opinions on Immigration honestly. She must see the Immigration issue the same way that most Arizonans do, which conflicts with the Administration position. What do Arizonans think of her now? Has she spoken any kind words to the Arizonans that once chose her to lead the state?


5 posted on 06/01/2010 3:28:46 PM PDT by frposty (I'm a simpleton)
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To: Bad~Rodeo

Where does this tin-horn dictator get the idea that he can tell SCOTUS what he wants them to rule on?


6 posted on 06/01/2010 3:29:50 PM PDT by TigersEye (0basma's father was a British subject. He can't be a "natural-born" citizen.)
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To: Frantzie
Maybe SCOTUS can ask the usurper to provide some papers.

I think that if the question ever did somehow reach the SCOTUS, that their reply would be the first certification is by the electoral college, who should have verified any required paperwork, and that if there was a challenge to the president's qualifications, it would fall under congress' power of impeachment. In the case of a person taking over for the president, again, it would be congress who would have to verify the information.

I think the courts have been rather coy in rejecting these lawsuits on grounds of standing; the simple reply should be 'Sorry, you need to talk to your congressman.'

Now if there was a fight between congress and the president over providing the vault copy of the certificate... There I think the courts have a say in the matter, and honestly think that the reply there would be 'umm, sure, you don't have to provide it, and congress can take what they will over the refusal to provide the documentation.'

7 posted on 06/01/2010 3:30:45 PM PDT by kingu (Favorite Sticker: Lost hope, and Obama took my change.)
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To: Bad~Rodeo

Maybe SCOTUS can inform this Jack Squat “Obama Administration” to ... you know ... concentrate on doing THEIR JOBS by upholding and enforcing various standing Federal Immigration Laws and statutes.......


8 posted on 06/01/2010 3:31:19 PM PDT by cranked
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To: RnMomof7
“federal immigration law expressly preempts any state law imposing sanctions on employers hiring illegal immigrants.”

Exactly where does the federal law derive the power to tell a State that it must support illegal activity? Last time I checked, you don't do business unless you are licensed BY THE STATE.

Any candidates that want my vote had better be talking loud and proud about impeachment, and I mean not just Obama, but the whole thugocracy. I want the next four years filled with trials, impeachment proceedings and prison sentences.

9 posted on 06/01/2010 3:37:39 PM PDT by bitterohiogunclinger (America held hostage - day 393)
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To: Bad~Rodeo
Obama Asks Supreme Court To Ax Ariz. Employer Sanction Law

There must be some sinister reason why they are suing after 2 years.

I'd bet the farm on it.

10 posted on 06/01/2010 3:39:02 PM PDT by SMM48
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To: Bad~Rodeo

SCOTUS tell the POS when he can supply his pedigree papers than he kiss off. Executive Branch cannot tell the Supreme Court what to do. Only when the executive branch disbands the suoreme court. if the POS tries this it is a constitutional crisis and he can be shot on the spot for being the truly dumbass that he is.


11 posted on 06/01/2010 3:40:13 PM PDT by hondact200 ( Lincoln Freed the Enslaved. Obama Enslaves the Free. Obama is Americas Greatest Threat)
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To: TigersEye
Where does this tin-horn dictator get the idea that he can tell SCOTUS what he wants them to rule on?

Is anyone stopping him?

12 posted on 06/01/2010 3:57:29 PM PDT by Digger (If RINO is your selection, then failure is your election)
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To: Bad~Rodeo
Although the state measure was adopted from the federal statute, Obama claims it’s unconstitutional and racist.

It frustrates me no end that people still defend the POS kenyan! Yesterday while marching in the memorial day parade I had to refrain from shouting at the guy marching next to me. I overheard him talking about what a great job Barry's doing and all the problems he inherited. I calmly responded that when you're driving towards a cliff you don't put your foot on the gas. His response to anything myself and a second guy said was "Yeah well Bush started us on this course."... "Bush did it .... blah blah blah". I had to just turn away so as not to ruin the otherwise nice day.

I used to say that Jan 2013 can't come soon enough, now I wonder if we'll still have a country by then.

13 posted on 06/01/2010 4:02:52 PM PDT by YankeeReb
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To: bitterohiogunclinger
Exactly where does the federal law derive the power to tell a State that it must support illegal activity? Last time I checked, you don't do business unless you are licensed BY THE STATE.

You're right. If SCOTUS takes this case, they should find the federal law cited unconstitutional. There's no constitutional justification for preempting state business licensing practices.

14 posted on 06/01/2010 4:05:18 PM PDT by Doug Loss
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To: Digger

We will have to see if SCOTUS complies or does things its own way.


15 posted on 06/01/2010 4:06:41 PM PDT by TigersEye (0basma's father was a British subject. He can't be a "natural-born" citizen.)
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To: Frantzie
Wouldn't it be something if the Court told Hussein Obama he didn't have standing? lol
16 posted on 06/01/2010 4:07:31 PM PDT by Realman30 (If 10% is good enough for Jesus, it ought to be enough for Uncle Sam.)
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To: AdmSmith; Berosus; bigheadfred; Convert from ECUSA; dervish; Ernest_at_the_Beach; Fred Nerks; ...

Supreme Court will tell him to sod off, IMHO, but it will probably be a 5-4 split.


17 posted on 06/01/2010 4:08:23 PM PDT by SunkenCiv ("Fools learn from experience. I prefer to learn from the experience of others." -- Otto von Bismarck)
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To: Realman30

LOL! If SCOTUS had some guts they would.


18 posted on 06/01/2010 4:09:58 PM PDT by Frantzie (Democrats = Party of I*lam)
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To: TigersEye

He really is hell-bent on destryoing America. He encourages breaking and probably breaks more laws himself, along with his administration, than any president in history. When are the dems and press going to turn on him?


19 posted on 06/01/2010 4:10:07 PM PDT by dandiegirl
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To: dandiegirl

The Dems? I don’t know. The media? very soon my gut feeling tells me.


20 posted on 06/01/2010 4:12:25 PM PDT by TigersEye (0basma's father was a British subject. He can't be a "natural-born" citizen.)
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