Posted on 05/26/2011 2:05:35 PM PDT by SeekAndFind
In a close vote, the Supreme Court ruled today that states have the right to enforce laws that require businesses to verify that employees are eligible to work in the US. The court ruled 5-3 that an Arizona law did not infringe on federal jurisdiction but instead fit within an explicit exception on licensing:
The U.S. Supreme Court on Thursday upheld an Arizona law that imposes sanctions against businesses that hire illegal immigrants.
The court, on a 5-3 vote, said federal immigration law does not bar Arizona from suspending or revoking the licenses of businesses that employ unauthorized aliens.
“Because we conclude that the state’s licensing provisions fall squarely within the federal statute’s savings clause and that the Arizona regulation does not otherwise conflict with federal law, we hold that the Arizona law is not preempted,” Chief Justice John Roberts wrote in a 27-page opinion.
Elana Kagan recused herself from this case, as she had done some prior work on it as Solicitor General. Otherwise, the vote broke exactly as one would suspect, with the three liberal jurists dissenting from the four conservatives, and Anthony Kennedy siding with the Right.
The ruling is important in several ways. First, it establishes that state governments have an interest in enforcing employment eligibility. That point may come into play in later cases, and it lends credibility to efforts in other states to mandate employment-eligibility verification. Next, it allows those other states to use Arizona’s law as a template. That will strike a blow at the economic magnet that incentivizes illegal immigration, hopefully slowing down the tide crossing the borders and making later immigration reform that much easier.
Matthew Franck at Bench Memos offers a brief reminder of another virtue of the ruling — a reminder that courts should stick to the textual meaning of law:
Chief Justice Roberts wrote for the majority, and based the ruling on the plain meaning of the federal immigration statute, which expressly preserves the power of states to legislate on the subject of employing illegal immigrants through their licensing power, as Arizona had done here.
This should have been an 8-0 ruling, given that the law was written with Arizona’s intent expressly in mind. It’s another reason that elections for executive office matter very, very much.
The fate of the state of the Supreme Court is litarally hanging by a thread.
If anything happens to Alito, Roberts, Thomas, Scalia and Kennedy while Obama is still President, the ramifications for this country are not going to be good (an understatement).
The liberals have a living breathing constitution made out of clay that they can fashion anyway they like.. sorta like God made Adam
Yet another reason why I will vote for whoever the republican nominee is...Romney, Palin, Ham Sandwich. At least they may appoint judges like Bush did with Alito and Roberts (Bush listened to the base...) Obama will never listen to the conservative “base.” We aren’t his base.
Ping!
More info on today’s Supreme Court decision.
“In a close vote, the Supreme Court ... ruled 5-3”
5-3 ain’t that “close”.
Just sayin’....
RE: 5-3 ain’t that “close”.
If Kagan did not recuse herself, you can be assured that it would have been 5-4.
We should also be thankful that the unpredictable Justice Kennedy got out on the right side of the bed on the day this decision was made.
Isn’t there some scuttlebut going around about Kagen possibly perjuring herself during the confirmation hearings? Thought I heard about some memos showing up that proved she was involved in something that she denied during the hearings...
Gov happy, Hispanics upset with sanctions ruling
http://ktar.com/category/local-news-articles/20110526/Pearce-happy,-Hispanics-upset-with-sanctions-ruling
I will give her credit for recusing herself. It was the right thing to. I assume it was so she can not do it later on a more important case (healthcare) and say she acts appropriately in all cases.
They couldn't find Obaama's birth certificate; is she afraid someone will ask for HERS? /sarc>
Cheers!
Cheers!
...the Supreme Court ruled today that states have the right to enforce laws that require businesses to verify that employees are eligible to work in the US.It sez a close vote, it was 5 to 3. Even with Kagan's vote, it wouldn't have made it.
“If anything happens to Alito, Roberts, Thomas, Scalia and Kennedy while Obama is still President, the ramifications for this country are not going to be good (an understatement).”
You are so, so correct.
If a Constitution breathes, it can stop breathing too. Someone needs to remind liberals of that.
Best news I heard about today!
This is very good news and frankly I didn’t expect it. The Supreme Court has been too corporate friendly, in my view, and weak on State’s and citizen’s rights, and that is not at all conservative.
There was a time when being pro-business/pro-corporate was both conservative and pro American. With globalization, those days are past, but many on the right don’t yet realize it. Many big corporations and banks would prefer to see US sovereignty vanish. I see today’s international commercial interests on their own side (and that could just as likely be China or India etc) and not necessarily our USA side. That is a big flaw in the mainstream Republican Party.
Apparently, right now they don't.
“The fate of the state of the Supreme Court is litarally hanging by a thread.
If anything happens to Alito, Roberts, Thomas, Scalia and Kennedy while Obama is still President, the ramifications for this country are not going to be good (an understatement).”
Once again I suspect given the dictatorial power usurped by the Federal employees in black robes eventually someone is going to pop off the rival justices. Specially to effect a change on the court. The result will be not unlike judicial cause as the sides compete for power in an ever more cutthroat competition.
The Federal court in usurping the final word on the Constitution has put itself and the federation in a very dangerous position.
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