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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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How disappointing. Vote not yet public.
1 posted on 06/25/2012 7:26:31 AM PDT by pabianice
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To: pabianice

http://www.supremecourt.gov/opinions/11pdf/11-182b5e1.pdf

Roberts and Kennedy joined with the liberals with Kagan having to recuse herself.


2 posted on 06/25/2012 7:28:08 AM PDT by C19fan
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To: pabianice
Makes me think the health care mandate will be allowed to stay.

We are so screwed.

3 posted on 06/25/2012 7:29:10 AM PDT by redgolum ("God is dead" -- Nietzsche. "Nietzsche is dead" -- God.)
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To: pabianice

Further proof just how important unfettered illegal immigration is to the ruling class.


4 posted on 06/25/2012 7:29:13 AM PDT by Menehune56 ("Let them hate so long as they fear" (Oderint Dum Metuant), Lucius Accius (170 BC - 86 BC))
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To: pabianice

Looking forward to the vote count. Should be interesting. I’m thinking 5-4 to overturn 3 of 4. States rights take another hit.


5 posted on 06/25/2012 7:29:25 AM PDT by animal172 (Calling the Founding Fathers!! We need your help.)
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To: pabianice

No ObamaCare decision today. Not known when it will be announced.


6 posted on 06/25/2012 7:29:42 AM PDT by pabianice
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To: pabianice
Another dagger in The Tenth Amendment, and The Constitution!

WARNING - Don't start counting chickens on 0bamacare! The deck is stacked against freedom!

7 posted on 06/25/2012 7:30:02 AM PDT by The Sons of Liberty (An Appeal to Heaven)
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To: C19fan
I'm hoping Roberts joined the majority to write the opinion and limit the damage.

Next, Arizona should either sue the federal govt for failing to do their jobs, or
Continue business as usual, until the feds step in and start doing their jobs.

8 posted on 06/25/2012 7:30:02 AM PDT by Tanniker Smith (Rome didn't fall in a day, either.)
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To: pabianice

No ObamaCare decision today. Not known when it will be announced.


9 posted on 06/25/2012 7:30:10 AM PDT by pabianice
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To: pabianice

No ObamaCare decision today. Not known when it will be announced.


10 posted on 06/25/2012 7:30:32 AM PDT by pabianice
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To: pabianice

Yes, disappointing.

Now Arizona should sue the Federal government for failure to enforce immigration laws and the associated costs


11 posted on 06/25/2012 7:30:55 AM PDT by kidd
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To: C19fan
Roberts and Kennedy joined with the liberals

W sure could pick 'em. /s

12 posted on 06/25/2012 7:31:06 AM PDT by dfwgator
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To: pabianice

Un freaken believable! Like the fall of Rome, the will to defend our own boarders isn’t even there anymore. Sick!


13 posted on 06/25/2012 7:32:09 AM PDT by Main Street (Stuck in traffic.)
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To: redgolum
We are so screwed.

If we allow ourselves to be.

14 posted on 06/25/2012 7:32:31 AM PDT by DTogo (High time to bring back the Sons of Liberty !!)
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To: Tanniker Smith

Remember, Roberts was appointed by illegal loving GW Bush.


15 posted on 06/25/2012 7:32:34 AM PDT by MNDude ( Victimhood is the Holy Grail of liberalism)
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To: pabianice

So we now have the SCOTUS ignoring the laws of the land that they don’t like? Yep, this country is going down the tubes to ruin.


16 posted on 06/25/2012 7:33:19 AM PDT by originalbuckeye
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To: C19fan
The Dow Jones Newswire is spinning it very differently. Here is the headline that posted at 10:17 AM EDT

10:17 U.S. SUPREME COURT UPHOLDS KEY PART OF TOUGH ARIZONA IMMIGRATION LAW, IN DEFEAT FOR OBAMA

17 posted on 06/25/2012 7:33:19 AM PDT by Unmarked Package
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To: dfwgator

Looks like Roberts enjoys Georgetown cocktail parties more than he values the law. How in the world could he side with the open borders crowd?


18 posted on 06/25/2012 7:33:27 AM PDT by pabianice
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To: Tanniker Smith

From what I can tell all the provisions in question got knocked down.


19 posted on 06/25/2012 7:33:44 AM PDT by C19fan
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To: Tanniker Smith

From what I can tell all the provisions in question got knocked down.


20 posted on 06/25/2012 7:33:56 AM PDT by C19fan
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To: redgolum

Why? The two issues are not even closely connected


21 posted on 06/25/2012 7:34:56 AM PDT by UB355 (Slower traffic keep right)
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To: pabianice
It's the height of absurdity that the SCOTUS plays this cat-and-mouse game with their decisions. All of their decisions were arrived at over a month ago.

I understand that they need some time to write up their opinions, but this ridiculous drip, drip, drip of decisions smacks more of the SCOTUS self-aggrandizing than of careful, deliberative justice. They should announce these decisions as soon as they have been made, followed in a few days by their written opinions.

It's bad for our economy and our nation to be forced into playing these inane guessing games over what the Court may or may not have decided a month prior.
22 posted on 06/25/2012 7:35:21 AM PDT by Sudetenland (Member of the BBB Club - Bye-Bye-Barry!!! President Barack "Down Low" Obama)
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To: C19fan
Roberts and Kennedy joined with the liberals

Roberts is political - if he wasn't, he'd have upheld The Constitution and never sworn in the usurper (the second time using a koran!)! Don't count on him to sink 0bamascare!

23 posted on 06/25/2012 7:35:37 AM PDT by The Sons of Liberty (An Appeal to Heaven)
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To: All

Section 2b of the law was upheld:
and §2(B) requires officers conducting a stop, detention, or arrest to make efforts, in some circumstances, toverify the person’s immigration status with the Federal Government.
Sections stuck down:

Section 3 makes failure to comply with federal alien-registration requirements a state misdemeanor; §5(C)makes it a misdemeanor for an unauthorized alien to seek or engage in work in the State; §6 authorizes state and local officers to arrest without a warrant a person “the officer has probable cause to believe . . . has committed any public offense that makes the person removable
from the United States”


24 posted on 06/25/2012 7:36:29 AM PDT by C19fan
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To: pabianice

The issue Romney can win on is: “I will nominate only conservative justices”.


25 posted on 06/25/2012 7:36:53 AM PDT by FrdmLvr (culture, language, borders)
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To: Unmarked Package

10:17 U.S. SUPREME COURT UPHOLDS KEY PART OF TOUGH ARIZONA IMMIGRATION LAW, IN DEFEAT FOR OBAMA

Yes, the SC upheld the key portion of the law.


26 posted on 06/25/2012 7:36:53 AM PDT by bkepley
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To: pabianice; ding_dong_daddy_from_dumas; stephenjohnbanker; DoughtyOne; Gilbo_3; NFHale; Impy; ...

A number of libs on MSNBC have been predicting that Roberts would be siding with the Democrat 4 justices on a number of these to appease the liberals attacking the court, and to avoid 5 to 4s.


27 posted on 06/25/2012 7:37:03 AM PDT by sickoflibs (Romney is a liberal. Just watch him closely try to screw us.)
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To: pabianice

Judge Napolitano says the law was basically struck down. This tells me the so called conservatives on the SC have been intimidated or bought.

This also tells me obamacare will probably stand.

After all, they all allowed a Kenyan to inhabit the white house.


28 posted on 06/25/2012 7:37:03 AM PDT by Terry Mross (To My Liberal Kinfolk: Don't call, email or write until you've gotten your brain fixed.)
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To: Unmarked Package

looks to me like you cant just stop’em or detain them for no reason but if you do for another offence than they can be asked “Your Papers Please”......


29 posted on 06/25/2012 7:37:13 AM PDT by CGASMIA68
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To: C19fan

Fox news is reporting:

“The provision that was upheld requires state and local police officers, during routine stops, to check the immigration status of anyone they suspect could be in the country illegally.”

That’s still on the positive side.

http://www.foxnews.com/politics/2012/06/25/supreme-court-strikes-down-most-arizona-immigration-law-upholds-key-provision/


30 posted on 06/25/2012 7:37:48 AM PDT by bridgemanusa (loan MA Conservative)
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To: pabianice

DISASTROUS ruling for AZ and states. States are going to have NO control over immigration. None. Zero.

I’ve been saying all along, and received much ridicule, this is NOT a states rights conservative Court. This is a big federal power SCOTUS. I don’t care what the O Care ruling is, don’t read the headlines, read the decision.


31 posted on 06/25/2012 7:37:55 AM PDT by RIghtwardHo
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To: Menehune56

The court did not mention what states should do when the fed government will not enforce laws that hurt individual states. I would separate that issue. Also make it a referendum so the peoples voice could be heard.


32 posted on 06/25/2012 7:38:03 AM PDT by epluribus_2
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To: dfwgator

See, it doesn’t matter who gets to appoint. They will still side with the other weasels.

Pathetic.


33 posted on 06/25/2012 7:38:14 AM PDT by unixfox (Abolish Slavery, Repeal The 16th Amendment!)
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To: FrdmLvr

Romney’s record in Mass was horrible for court appointments.


34 posted on 06/25/2012 7:38:40 AM PDT by C19fan
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To: C19fan

Checks are okay:

The mandatory nature of the status checks does not inter- fere with the federal immigration scheme. Consultation between fed- eral and state officials is an important feature of the immigration system. In fact, Congress has encouraged the sharing of information about possible immigration violations.

But rest of law falls for preemption — federal law trumps state.

We lost that War. Remember?


35 posted on 06/25/2012 7:38:55 AM PDT by TigerClaws (He)
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To: Terry Mross
You are mistaken.
Arizona: Improper for the lower courts to enjoin Section 2(B),
which requires police officers to check the legal status
of anyone arrested for any crime before they can be released. [click for pdf]

36 posted on 06/25/2012 7:38:55 AM PDT by Diogenesis ("Freedom is never more than one generation away from extinction. " Pres. Ronald Reagan)
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To: pabianice

My understanding is that once again, Fox blows it on breaking news; if I’m reading the analysis correctly, it’s mostly the opposite of what they reported — Arizona can implement the check for citizenship on anyone arrested by the police on a criminal charge, but the remainder of the law is sent back to the 9th Circuit for further review.


37 posted on 06/25/2012 7:39:00 AM PDT by kevkrom (Those in a rush to trample the Constitution seem to forget that it is the source of their authority.)
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To: C19fan
From CNN: The Court ruled largely in favor of the U.S. government, striking down three parts of the Arizona immigration law, but the Court did uphold one the most notorious provisions: A requirement that local police officers check a person's immigration status while enforcing other laws if "reasonable suspicion" exists that the person is in the United States illegally.

The question now is can that single provision stand on its own, or does the court action mean Arizona has to go back to the drawing board on their immigration law.

38 posted on 06/25/2012 7:40:02 AM PDT by Wyatt's Torch (I can explain it to you. I can't understand it for you.)
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To: pabianice
says immigration is under federal control

So basically, all the states can do is bend over and hand out welfare checks while saying "Welcome Senior and Seniorita!" and hope somebody in the Federal Government eventually decides to enforce the immigration laws, which ain't going to happen because the Feds are all pandering for those "precious" Hispanic vote!

39 posted on 06/25/2012 7:40:07 AM PDT by apillar
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To: C19fan

Mr. RomneyCARE deliberately SCREWED everyone in
Massachusetts through his LIBERAL DNC judges
(he ignored the GOP), and imposed ObamaCARE/RomneyCARE
and Romney’s DEATH PANELS.


40 posted on 06/25/2012 7:40:34 AM PDT by Diogenesis ("Freedom is never more than one generation away from extinction. " Pres. Ronald Reagan)
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To: Unmarked Package

And that is ALL that is ... spin. We need to stop going with headlines and read the decisions (said the lawyer). This is a HUGE HUGE HUGE loss for states rights and AZ.

We need to read these things and stay away from news entertainment.


41 posted on 06/25/2012 7:41:03 AM PDT by RIghtwardHo
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To: pabianice

If Kagan recused herself for this ruling, will she do the same for obammacare?


42 posted on 06/25/2012 7:41:07 AM PDT by rawhide
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To: kevkrom
Fox blows it on breaking news;

Fox blows, period.

43 posted on 06/25/2012 7:41:48 AM PDT by dfwgator
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To: The Sons of Liberty

Is there some attorney out there who can explain in plain English the reasons for this decision?

Roberts IS a conservative. If he voted against the opther provisions of the Arizona Law, there must have been a reason for it.

On the other hand, this gives the GOP more ammunition in the General Election to use against Obama for his failure to enforce existing Federal Immigration Law statutes. A failure which actually WAS intitiated under Bush II.


44 posted on 06/25/2012 7:42:06 AM PDT by ZULU (See: http://www.youtube.com/watch_popup?v=D9vQt6IXXaM&hd)
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To: bkepley

“Yes, the SC upheld the key portion of the law.”

Agreed. As much as I wanted them to uphold all provisions of the Arizona law, I don’t see it as a total loss. Not sure how this changes my opinion on the bigger case coming down no later than Thursday.


45 posted on 06/25/2012 7:42:42 AM PDT by animal172 (Calling the Founding Fathers!! We need your help.)
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To: pabianice

sent back to 9th District Court for review.

that’s like asking hyenas to do a better job picking over a carcass.


46 posted on 06/25/2012 7:43:37 AM PDT by NormsRevenge (Semper Fi)
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To: Diogenesis

CNN and msnbc are giddy. That tells me the SC went with obama.


47 posted on 06/25/2012 7:43:47 AM PDT by Terry Mross (To My Liberal Kinfolk: Don't call, email or write until you've gotten your brain fixed.)
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To: Unmarked Package

Yeah - this is just spin. I read the majority ruling. Basically - it argues that Congress created an “All encompassing system” for immigration, so any state laws, even “complimentary” ones are ruled out. As for section “2B,” the part concerning immigration checks while being stopped - it survived, but may be tested again in the courts after we’ve lived with it for a short time. So - all in all - Zero wins and the country looses... Obama playing the fiddle while the country burns comes to mind.


48 posted on 06/25/2012 7:43:55 AM PDT by fremont_steve
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To: bkepley

No, SCOTUS ordered Section 2 back to the 9th Circus for determination. Gee. I wonder how that house of clowns will decide??? What tension!


49 posted on 06/25/2012 7:44:27 AM PDT by pabianice
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To: Unmarked Package
That is correct. This was the big one....That Arizona had "0" police power in regard to illegals. Go back and look a bit...

Obama LOST !!!!!!!

I believe the decision is correct.

50 posted on 06/25/2012 7:44:54 AM PDT by Sacajaweau
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