Author Topic: Supreme Court upholds key part of Arizona immigration law, strikes down rest  (Read 3820 times)

tombogan03884

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Maybe lecturing and threatening the SCOTUS wasn't such a good idea after all .   ;D
Is this a clue about how they will rule on Obama Care ?


http://news.yahoo.com/blogs/ticket/supreme-court-upholds-key-part-arizona-immigration-law-141927514.html

The Supreme Court upheld a key part of Arizona's tough anti-illegal immigration law in a 5-3 decision on Monday that allows police officers to ask about immigration status during stops. That part of the law, which never went into effect because of court challenges, will now immediately be enforced in Arizona. Other parts of the law, including a provision that made it a state crime for illegal immigrants to seek work, will remain blocked, as the justices affirmed the federal government's supremacy over immigration policy.

Justice Anthony Kennedy, the court's swing vote, wrote the opinion, and was joined by Chief Justice John Roberts, Ruth Bader Ginsburg, Stephen Breyer and Sonia Sotomayor. Conservative Justices Antonin Scalia, Samuel Alito and Clarence Thomas partially dissented, saying the entire law should have been upheld.

In the opinion, Justice Kennedy wrote that the federal government's "power to determine immigration policy is well settled." But he also showed concern for what he described as Arizona's outsize burden in dealing with illegal immigration, seeming to sympathize with their decision to butt in on immigration enforcement. "Arizona bears many of the consequences of unlawful im­migration," he wrote. "Hundreds of thousands of deportable aliens are apprehended in Arizona each year." But, ultimately, the justices found that Arizona can not mete out their own state punishments for federal immigration crimes.

"Arizona may have under­standable frustrations with the problems caused by illegal immigration while that process continues, but the State may not pursue policies that undermine federal law," Kennedy writes in the opinion's conclusion.

The police immigration checks are allowed, however, because state police would simply flag federal authorities if they find an illegal immigrant. Kennedy did not rule out that these checks may be implemented in an illegal way, which means more lawsuits may be forthcoming.

Nevertheless, Arizona Gov. Jan Brewer is casting the decision as a "victory" for the state. "I am confident our officers are prepared to carry out this law responsibly and lawfully. Nothing less is acceptable," she said in a statement, adding that officers have been trained not to racially profile in their stops. Meanwhile Erika Andiola, an activist and undocumented immigrant in Arizona, says that the Latino community will not be happy with the decision, as the immigration checks portion of the law was most unpopular with them. "It's another message to the Latino community that if you look brown you're a perfect target for the police," she said.

The Obama administration sued to block Arizona's law, called SB1070, shortly after it passed two years ago, saying it interfered with federal authority over immigration. The law made it a state crime for illegal immigrants to seek work or fail to carry proper immigration papers. It also requires police officers to check immigration status and make warrantless arrests for immigration crimes in some cases. A federal judge prevented those aspects of the law from going into effect, but the law became a lightning rod around the country, sparking boycotts and counter-boycotts and opening up a debate about the nation's illegal immigrant population.

In oral arguments in April, many of the justices seemed deeply skeptical of the government's argument that local police officers would interfere with federal authority over immigration law they began asking people about their immigration status during stops. Though much of the debate around the law has focused on "racial profiling"--whether Hispanic people would be stopped and questioned by police based on their ethnicity--the government did not even mention those words in their case against the law, instead focusing on the federal government's supremacy in immigration matters. Justices repeatedly criticized the government's argument against immigration checks. Even Sonia Sotomayor, part of the court's liberal wing, said she was "terribly confused" by the government's argument against the checks.


>>>>>>>>>>>>>>>>>>>>>MORE AT LINK<<<<<<<<<<<<<<<<<<<<<<

Timothy

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Too bad the court can't make the Fed actually enforce those parts that they don't want the states to do! 

I don't know that I give this a thumbs up so much as a "meh!"...

But, a win is a win...

tombogan03884

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Too bad the court can't make the Fed actually enforce those parts that they don't want the states to do! 

I don't know that I give this a thumbs up so much as a "meh!"...

But, a win is a win...

They can.
SCOTUS is a "coequal branch of Govt"

http://www.usconstitution.net/const.html#Article3

Article III - The Judicial Branch

Section 2 - Trial by Jury, Original Jurisdiction, Jury Trials

(The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.) (This section in parentheses is modified by the 11th Amendment.)

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction.

Amendment 11 - Judicial Limits. Ratified 2/7/1795. Note History

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.


They have "Original Jurisdiction", but it would require some one, or some group, with the money to sue Mexico, for aiding, or not hindering illegal immigration from their side.

Timothy

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DOH!   :D  Forgot some of my 6th grade civics there...

OK, but will they and why would it take another lawsuit to prompt them to do so? 

The laws are on the books, the departments are well manned as the .gov is the only one hiring these days, but the players are disinterested in actually doing their jobs!  They're too busy obstructing justice...


jnevis

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DOH!   :D  Forgot some of my 6th grade civics there...

OK, but will they and why would it take another lawsuit to prompt them to do so? 

The laws are on the books, the departments are well manned as the .gov is the only one hiring these days, but the players political appointees are disinterested in actually doing their jobs!  They're too busy obstructing justice...



FIFY
The individual agents WANT to enforce the laws.  I know a few CBP, INS, and USMS LEOs that would LOVE to deport all the "undocumented aliens" out of thier holding facilities, and give them reason to pause if they want to try and sneak back.  It's the mid/upper management directing them not to, by direction of the DoJ (Holder) and WH.
When seconds mean the difference between life and death, the police will be minutes away.

You are either SOLVING the problem, or you ARE the problem.

Sponsor

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tombogan03884

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DOH!   :D  Forgot some of my 6th grade civics there...

OK, but will they and why would it take another lawsuit to prompt them to do so? 

The laws are on the books, the departments are well manned as the .gov is the only one hiring these days, but the players are disinterested in actually doing their jobs!  They're too busy obstructing justice...

The way I understand it, It's like any other civil court, they don't get involved unless some one files suit.

Timothy

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FIFY
The individual agents WANT to enforce the laws.  I know a few CBP, INS, and USMS LEOs that would LOVE to deport all the "undocumented aliens" out of thier holding facilities, and give them reason to pause if they want to try and sneak back.  It's the mid/upper management directing them not to, by direction of the DoJ (Holder) and WH.

I understand completely!  My sister in law has two brothers that are gun toting G-Men though neither are assigned to these types of duties.  They're just working stiffs like the rest of us with better pensions!  They've worked their asses off for thirty plus years and in fact, Joe volunteered to go to Afghanistan to get away from the political games here domestically!  What he's doing there as a FBI agent I have no idea!  It's my understanding that the FBI has no charter to operated on foreign soil.

Pathfinder

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And now look at what that petulant POS POTUS has done!   >:(

http://www.foxnews.com/politics/2012/06/25/feds-suspend-immigration-enforcement-program-after-arizona-court-ruling/

FTA: "In the wake of the Supreme Court's decision on Arizona's immigration law, Obama administration officials announced Monday they are suspending a key program that allowed state and local law enforcement to enforce federal immigration law.

The move further weakens efforts by Arizona and other states to take the reins on immigration enforcement.

The high court decision Monday struck down three provisions in Arizona's law but left in place a central plank that required local law enforcement during routine stops to check the immigration status of anyone they suspect is in the country illegally. "

And yes, the libtards are playing the race card. Read more at the link.  >:( >:( >:( >:( >:( >:( >:( >:(

Can we impeach these SOBs now? "Protect and defend" my ass!!!!
"I won't be wronged, I won't be insulted, I won't be laid a hand on. I don't do this to others and I require the same from them"

J.B. Books

tombogan03884

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I understand completely!  My sister in law has two brothers that are gun toting G-Men though neither are assigned to these types of duties.  They're just working stiffs like the rest of us with better pensions!  They've worked their asses off for thirty plus years and in fact, Joe volunteered to go to Afghanistan to get away from the political games here domestically!  What he's doing there as a FBI agent I have no idea!  It's my understanding that the FBI has no charter to operated on foreign soil.

Legal liaison with foreign Law Enforcement, and Counter terrorism investigations.
Hoover fought like hell to keep some foreign presence for the FBI when OSS and CIA were formed, with the exception of Legal attaches at embassies he mostly failed.
That started changing with the "war on drugs" since one end of any smuggling operation, and therefore many of the suspects, were outside the US.
With Sept. 11th, the War on terror, and the Patriot act a lot of that changed and the FBI now works more closely with the CIA in foreign investigations.
The 2 agencies still hate each other with a bureaucratic, turf sensitive passion but it gets the FBI more presence overseas.

Paraguy

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Did anyone else notice that Justice (appointed by BHO himself) Kagan did not participate in this process? Not sure why she would not.
Guns don't kill people, bullets kill people.

 

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