Posted on 03/04/2020 5:17:44 PM PST by Enlightened1
States have the authority to prosecute illegal aliens for using stolen identities of American citizens to work illegally in the United States, the U.S. Supreme Court ruled on Tuesday.
In a 5-4 decision — with liberal Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan dissenting — the Supreme Court ruled against three illegal aliens who were prosecuted for stealing the identities of American citizens to work illegally in the state of Kansas.
Justices Brett Kavanaugh, Clarence Thomas, John Roberts, Samuel Alito, and Neil Gorsuch wrote in their majority opinion that states do have the authority to prosecute individuals for crimes that overlap with federal law.
The Justices wrote:
The mere fact that state laws like the Kansas provisions at issue overlap to some degree with federal criminal provisions does not even begin to make a case for conflict preemption. From the beginning of our country, criminal law enforcement has been primarily a responsibility of the States, and that remains true today. In recent times, the reach of federal criminal law has expanded, and there are now many instances in which a prosecution for a particular course of conduct could be brought by either federal or state prosecutors. Our federal system would be turned upside down if we were to hold that federal criminal law preempts state law whenever they overlap, and there is no basis for inferring that federal criminal statutes preempt state laws whenever they overlap. Indeed, in the vast majority of cases where federal and state laws overlap, allowing the States to prosecute is entirely consistent with federal interests. [Emphasis added]
The ruling overturns a Kansas Supreme Court decision where justices claimed that because state and federal law overlap on the issue of federal immigration law and identity theft, states do not have the authority
(Excerpt) Read more at breitbart.com ...
I find it remarkable that four S.C. Justices think it is acceptable for illegals, or anyone for that matter, to steal someone’s ID!
5 to 4
Do you realize just how close we are to being SCREWED ?
Actually the liberals wanted the Feds to override the State rule. Big Brother just got taken down a notch.
Why would they not be able to prosecute identity fraud? Who actually took a case like this to court?
Trump is going to win again and replace at least one more, very likely.
Think positive, vote and Pray :)
RBG is a zombie, 2020 will give us a 3/6 differential.
Well its SETTLED NOW. :)
shove that in the libtards faces.
Yeah its pretty sad 4 justices vote against the states and citizens.
I agree. Why is a theft of one’s identity even a question? Seems so obvious to me.
[ with liberal Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan dissenting ]
Anti-American traitors.
And Democrats.
Oops, that was redundant.
So 4 SCOTUS justices think it is perfectly fine to steal someone’s identity??? That is INSANE what the hell happened to the rule of law this is the highest court in the land and they believe stealing ones identity is just peachy!!
Should have been 9-0. This illustrates clearly how much damage the left has done to our court system over the years.
Who would think that ID theft is Ok, especially when done by someone that shouldn’t even be in this country?
So all this time I could have been stealing ID’S and not being prosecuted? Riiight.
It's 4-4-1 at best right now. Roberts can't be counted on for anything. He's compromised.
Yes I believe many of us do. This why our President must be reelected in November and hopefully get another Supreme Court Justice appointed with a majority in the Senate.
Present day SCOTUS decisions are often simple tautology, by a bare majority.
Well yeah, it is identify theft.
Can’t wait to taste liberal tears when Master Bader Ginsberg is replaced
You need an id to vote...there is the answer.
Personally, I don’t trust Roberts esp from his ruling For Obamacare years ago. IMHO Obama has got his testicles in a glass jar in his desk and as Supreme Court Judge he’s a danger to the country.
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