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Court strikes down most of Arizona immigration law, but leaves key provision in place (1070)
Fox News Channel (link added) ^ | 6/25/12 | Staff

Posted on 06/25/2012 7:26:29 AM PDT by pabianice

SCOTUS strikes-down 3 of 4 S1170 provisions; says immigration is under federal control. One section -- allowing police to check immigration status after legal stopes -- sent back to 9th District Court for review.


TOPICS: Breaking News; Crime/Corruption; Front Page News; Government; News/Current Events; US: Arizona
KEYWORDS: arizona; fastandfurious; illegals; immigration; lawsuit; ruling; scotus; scotusarizonalaw; scotusimmigration
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To: RIghtwardHo

ping


241 posted on 06/25/2012 10:23:13 AM PDT by rlmorel ("The safest road to Hell is the gradual one." Screwtape (C.S. Lewis))
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To: txrangerette

Then SCOTUS decision today was correct.


242 posted on 06/25/2012 10:31:21 AM PDT by Halls (Jesus is my Lord and Savior)
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To: In Maryland

I keep hearing that section 2B has been “handed back to the 9th circuit”

But after reading parts of the opinion, I didn’t see that. What I did see in the SCOTUS opinion was that this matter has to be settled at the state court level, after demonstration that it will or will not result in extended detention to perform an immigration check.

IOW - lets give this a try and see how it goes.

Where does it say that this is going back to the 9th circuit?


243 posted on 06/25/2012 10:32:14 AM PDT by kidd
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To: RIghtwardHo
I was on a thread recently about a writer who wrote an article covering his opinion on the Rush Limbaugh statements regarding the runner who helped a fellow runner to cross the finish line. The author wrote a vitriolic commentary about Limbaugh, then apparently got bombarded with so many negative emails that he felt compelled to describe why he is a conservative, and whined about being called a liberal. (yeah, right)

Thread was at: http://www.freerepublic.com/focus/f-bloggers/2894102/posts

Anyway, the key point I was making was, when this guy laid out a bunch of things that he used to buttress his claim to being a conservative, the thing that stuck out me was this: "...I believe Congress as it is organized under the Constitution (i.e. both houses being elected on solely geographic criteria) is no longer the best-suited body to represent the diversity of people in the United States..."

What is happening in Arizona is a apt illustration of why they are SO wrong, the desires of brain dead liberals like this guy to rewrite the Constitution to make it less amenable to States needs. (As if it isn't already less amenable that it should be right now.)

People in Washington D.C. or New York don't have the same issues as people in southern Arizona, New Mexico or Texas. They REALLY, REALLY don't when it comes to immigration and the burden it places on a community. This is PRECISELY why the founders wanted states rights, and tried to write the Constitution to limit the power of the federal government...because one size doesn't fit all.

But ALL liberals have this in common: They STRIVE for one-size-fits-all approaches.

244 posted on 06/25/2012 10:40:26 AM PDT by rlmorel ("The safest road to Hell is the gradual one." Screwtape (C.S. Lewis))
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To: Sudetenland
The correct path would have been to file a law suit in federal court against ICE and the Obama Administration for failing to enforce immigration laws with due diligence.

I think you're probably correct.

245 posted on 06/25/2012 10:40:37 AM PDT by sam_paine (X .................................)
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To: All

Um, having skimmed the thread, I did not see anyone draw this conclusion.

The USSC sent back the one provision of the law that has not been put into force yet. It is not a victory or defeat for either side. The court told them that IF they wanted to enforce the law, that if they did it in a certain way, that it MAY be constitutional.

But, by the time it gets back to the USSC, the court make-up may be different.

IF the court is going to be consistent, that may signal a position on the Affordable Care Act ruling. Since the provisions have not gone into effect, and no one can show that they were penalized for not buying coverage, it gives the court an out before the election...


246 posted on 06/25/2012 10:41:33 AM PDT by ace2u_in_MD (You missed something...)
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To: sam_paine; Liz; AuntB; ding_dong_daddy_from_dumas; DoughtyOne; Gilbo_3; Impy; stephenjohnbanker; ...
RE :”This sounds like a lazy state legislature that doesn't much care for the 9th and 10th in this regard.
If their law really did merely rubber-stamp “whatever federal alien-registration laws” might be in effect, then the State would be committing itself to enforce (instead of ICE, DHS) whatever immigration registration Congress hands down.
If that is the intent, then as others have posted, AZ law enforcement could’ve been directed to do same and then instead sued the feds to pay for it. No state legislation needed to bind their hands.

Another way to approach it is to increase penalties for driving without a valid license and for document fraud, and other crimes and infractions that are popular with illegals.
Public transportation is a bigger problem but could be improved by selling passes at a discount to those who show a valid ID in person, making those without a valid ID pay more. Or better yet, make a valid ID a requirement to use public transporation for safety reasons.

Trying to enforce Federal immigration law without the Feds cooperation can cause difficulties.

247 posted on 06/25/2012 10:46:58 AM PDT by sickoflibs (Romney is a liberal. Just watch him closely try to screw us.)
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To: redgolum

Don’t think you can drawn any conclusions about the health care case.

If you followed the argument, this wasn’t a huge surprise. Even in the argument Roberts indicated he had problems with AZ’s law and telegraphed the decision today.

Here’s a relevant part of him talking with AZ’s lawyer:

CHIEF JUSTICE ROBERTS: Counsel, maybe it’s a good time to talk about some of the other sections, in particular Section 5(C).
Now, that does seem to expand beyond the Federal government’s determination about the types of sanctions that should govern the employment relationship.
You talk about supply and demand. The Federal government, of course, prohibits the employment, but it also imposes sanctions with respect to application for work. And the state of Arizona, in this case, is imposing some significantly greater sanctions.

So, you see him talking about how one of the provisions “expand beyond” and impose “significantly greater” sanctions. You can tell from that that he was skeptical about AZ’s argument on Sec 5. In other parts he says similar things about Sec 3. If you read the argument he’s constantly distinguishing between Sec 2 and the other provisions.

Basically reading the argument his vote wasn’t a big surprise.

OTOH, if you read the health care argument he was very skeptical of the mandate and asked many pointed questions of the govt.

On the severability issue, it’s a bit more muddled.

but I’d be surprised if Roberts voted to uphold the mandate.


248 posted on 06/25/2012 10:50:54 AM PDT by jeltz25
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To: kidd
You are correct - it is not remanded to the Ninth Circus, but sent back to state court:

The exact language of the holding:

The United States has established that §§3, 5(C), and 6of S. B. 1070 are preempted. It was improper, however, to enjoin §2(B) before the state courts had an opportunity to construe it and without some showing that enforcement of the provision in fact conflicts with federal immigration law and its objectives. The judgment of the Court of Appeals for the Ninth Circuit is affirmed in part and reversed in part. The case is remanded for further proceedings consistent with this opinion.

The important point (to me) is that 2B is not upheld - the SCOTUS has more or less said "Come back after it has developed a judicial history."

But it will, inevitably, end back in the Ninth Circus and is there any doubt how they will rule?

249 posted on 06/25/2012 10:51:33 AM PDT by In Maryland ( "... the [Feds] must live with the inconvenient fact that it is a Union of independent States)
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To: sickoflibs
Public transportation is a bigger problem but could be improved by selling passes at a discount to those who show a valid ID in person, making those without a valid ID pay more. Or better yet, make a valid ID a requirement to use public transporation for safety reasons.

That sounds like 14th problems.

250 posted on 06/25/2012 10:57:26 AM PDT by sam_paine (X .................................)
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To: C19fan
Roberts and Kennedy joined with the liberals

OK Bushites remind us again how we should be on our knees in awe for the Gift of Roberts?

There is no hope of ObamaCare being undone. This decision was an unmitigated expansion of Federal power.

251 posted on 06/25/2012 10:59:27 AM PDT by itsahoot (About that Coup d'état we had in 08, anyone worried yet?)
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To: George189

It was a typo. Guess I need to proof read my posts. I actually meant 5-3.


252 posted on 06/25/2012 11:00:55 AM PDT by animal172 (Calling the Founding Fathers!! We need your help.)
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To: xzins
It was part of Scalia’s argument in dissent on the soveignty of states, so he wasn’t concerned with impeachment but in establishing that the power to decide who can or can’t enter your territory is the primary definition of sovereignty.

Yes, but isn't federal sovereignty in regard to this issue already well-established by the Constitution and SC precedent? Didn't Arizona take pains to ensure that there was no conflict with federal law? Is he advocating a system of parallel state laws mirroring federal laws? Lack of enforcement of federal law is at the root of the illegal invasion. Obama refuses to enforce federal law.

253 posted on 06/25/2012 11:08:13 AM PDT by BlatherNaut
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To: ZULU
Roberts IS a conservative.

Sure he is. There is nothing Conservative about expanding Federal Power, in contradiction of existing law no less.

I predicted that ObamaCare would be upheld all along, now I am sure of it.

I am resigned to the fact that our Republic is indeed dead.

254 posted on 06/25/2012 11:10:37 AM PDT by itsahoot (About that Coup d'état we had in 08, anyone worried yet?)
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To: scram2
From National Review:

Actually, Key Part of Arizona Law Upheld
By John Fonte
June 25, 2012 1:00 P.M.

The crucial point in Mark Krikorian’s post on the Supreme Court’s Arizona immigration ruling is exactly right — “the core of the law was upheld.” According to the New York Times (“Supreme Court Upholds Key Part of Arizona Law,”) “the court was unanimous” on allowing police to check the immigration status of “people they stop and suspect are not in the United States legally.”

The Obama administration argued vigorously against the law, and particularly against the provision of the right of police to check the legal status of people that they come into contact with on routine stops, who they have reason to believe are not in the country legally. The court struck down 5–3 (Scalia, Thomas, Alito dissenting, Kagan recused) other provisions in the law that make it against Arizona state law for illegal immigrants to apply for a job or fail to carry identification that says whether they are in the U.S. legally. These provisions are, according to the court majority, preempted by federal law. Clearly, these other provisions seem rather minor compared to the police check on immigration status, which was upheld, I repeat, unanimously. The Washington Post (“Supreme Court rejects much of Arizona immigration law”) calls the court ruling a “partial victory” for the Obama administration. It looks more like a defeat for Obama and a win for Arizona Governor Jan Brewer and immigration enforcement.

255 posted on 06/25/2012 11:11:20 AM PDT by Wyatt's Torch (I can explain it to you. I can't understand it for you.)
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To: sam_paine
I believe another even farther reaching suit would be to sue the Obama Administration for selective enforcement of the law. In effect negating by fiat laws that have been enacted in accordance with the Constitution and thus demonstrating an unwillingness to perform his constitutionally assigned duties as chief law enforcement agent.
256 posted on 06/25/2012 11:17:37 AM PDT by Sudetenland (Member of the BBB Club - Bye-Bye-Barry!!! President Barack "Down Low" Obama)
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To: George189
Kagan was recused. It was 5-3 Roberts, Kennedy, Breyer, Ginsburg and Sotomayor. vs. Scalia, Alito and Thomas.

So then it was Roberts siding with "the federales can choose what laws it wants to enforce wherever and whenever" liberal wing of the court that undermined the conservative wing and the Constitution. Who would have guessed???? and what more surprises does Roberts have for us????

257 posted on 06/25/2012 11:21:40 AM PDT by Uncle Chip
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To: Wyatt's Torch

Yes, basically we need an administration willing to make their federal agency ICE enforce the federal laws already on the books.
The police checks were definitely the hot button issue that got this to SCOTUS in the first place.


258 posted on 06/25/2012 11:23:11 AM PDT by snarkytart (http://www.freerepubli224%2C1)
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To: itsahoot

I am not sure it will. I think the individual mandate will be overthrown.

And if Roberts SHOULD be found not to be a conservative, we have ANOTHER thing to thank Bush II for. Never understood why he didn’t give ot Scalia. But then Bush II, like his father before him, was neither a conservative, nor friendly to consrvative clauses. I remeber who he WANTED to appoint to the SCOTUS and only backed off because WE pressured him.

But I wouldn’t be so quick to judge here. There are analyses indicating that the actual decision was far from a victory for Obama.


259 posted on 06/25/2012 11:23:51 AM PDT by ZULU (See: http://www.youtube.com/watch_popup?v=D9vQt6IXXaM&hd)
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To: ZULU
Roberts IS a conservative.

He sure has a funny way of showing it.

260 posted on 06/25/2012 11:24:26 AM PDT by dfwgator
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