Skip to comments.Supreme Court is Set to Rule on Arizona's Immigration Law
Posted on 06/14/2012 8:13:26 PM PDT by tselatysr
By Scott Rohter, June 2012
Based on the oral arguments, and the type of questions that were raised by the Supreme Court Justices, especially from the Court's first and only Hispanic Justice, Sonia Sotomayor who is also the newest member of the Court, the United States Supreme Court seems un-likely to strike down Arizona's tough new illegal immigration law, SB 1070. "Why don't you try to come up with something else?" is just one example of Justice Sotomayor's questions that she addressed to Solicitor General Donald Verrilli, who seemed like he was having a very hard time defending the Obama Administration's position.
The Federal Government wants the Supreme Court to strike down all or part of the tough Arizona law, especially the part that requires Arizona law enforcement officials to determine the immigration status of anyone they detain, if they have reason to believe that the person they are detaining is here illegally. As far as the other issues that are dealt with by the new Arizona law, such as making it a separate crime for illegal aliens to work while they are in the country, or failing to register with the proper federal authorities, it is harder to tell just how the Supreme Court will come down. If the entire law is upheld, or if any part of it is upheld, pro illegal immigration groups seem certain to appeal the decision until all their legal remedies are utterly exhausted, including the flimsy argument that the Arizona law discriminates based upon race. That argument probably won't go over very well with Justice Sotomayor either.
Chief Justice John Roberts framed the Constitutional debate this way. He said that the government's legal challenge to SB 1070 is an argument over the allocation of State and Federal powers. In other words it is a lot of legal wrangling about a dispute over jurisdiction. To put it simply, it is a turf war. If the Arizona law is substantially upheld, it will be viewed by most authorities as a serious setback for the Obama administration, and for his chances of winning re-election in November. Along with the near certain defeat of his signature piece of legislation, The Patient Protection and Affordable Care Act, this could signal his much anticipated political demise.
Attorney Paul Clement, representing Arizona in this case, argued that Arizona was merely using existing Federal law to compliment Arizona laws. In other words, Arizona merely adopted existing Federal standards. On the other hand, Donald Verrilli arguing for the Obama Administration said that the new Arizona law was essentially in conflict with existing Federal standards. Well, if that is indeed the case, then it is only because the Feds are not enforcing their own standards. They are not complying with their own Laws. Under our Constitution the job of the executive branch of government is to enforce the Law, regardless!
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I’m guessing the judge will rule - in effect - that Presidents only have to enforce laws they personally agree with, if they’re Democrats, anyway.
That this directly contradicts the oath of office they take before the Chief Justice of the United States Supreme Court, will be ignored by the court.
I hope I’m wrong. In any event, the case will be appealed.
Hopefully SB1070 will stand but Rohter needs to do some homework, Kagan is the newest justice by a year.
If SCOTUS upholds the law, there are no more appeals.
This is coming from the Tea Party??!!
It seems to me that AZ just wants to enforce existing FEDERAL laws that the Feds fail to do.
What am I missing here?
Oh, sorry, silly me. I didn’t realize it was already before the Supreme Court.
I doubt that Justice Sotomayor will care that by ruling against Arizona she will be promulgating a new theory of government for America, and making a joke out of every oath of every witness who swears to give truthful testimony before any court in this land.
The new “theory of government” will be this: that Democrat Presidents are - in effect - kings. Sovereigns.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
You're not missing anything. You're just not part of the population for whom the MSM writes their stories, at whom they direct their propaganda.
That population is made up mostly of the persons who represent the left half of the IQ distribution, and high-functioning mentally ill people, often referred to as "liberals."
If the Feds refuse to enforce their own laws. The responsibility falls to he state.
Its not the states responsibility to make big brother do what he is supposed to do. But when big brother doesnt he cant tell little brother that he cant do anything about it (no matter how bad it makes big brother look.)
RINO Sen Graham-nesty voted for the wise latino's SCOTUS confirmation. He is the same sleezy phony who claimed he was for changing the US constitution to stop birth-right citizenship just to kill the idea. He is a termite eating from within.
I have bee researching the number of times the U.S. DOJ has sued an individual state prior to the Obama Admin. If the citizens of a state vote to enact a law and the DOJ sues the state, in essence the DOJ is suing the individual citizens who voted in favor of the law.
My state requires a valid ID to vote, but we have not been sued.
Question remains, how many lawsuits has the Obama admin filed against states?
Not a dang thang.
Im glad someone is paying attention.
Kagan recused herself for this case.
Can the president refuse to enforce any law?
Then, your state is not among the states, counties and townships detailed in Section 5 of the 1965 Voting Rights Act.
The states and entities below must pre-clear any change in voting procedures with the Department of Justice. Thus, Eric Holder can arbitrarily strike down Voter ID laws in South Carolina and Florida but not in, say, Indiana.
Jurisdictions requiring preclearance:
States and counties requiring preclearance under Section 5 of the VRA as of January, 2008. Several small jurisdictions have since bailed out, but the majority of the map remains accurate
The jurisdictions listed below must be precleared (see 28 C.F.R. part 51 appendix):
Georgia, except for the city of Sandy Springs
Virginia, except for fourteen counties (Amherst, Augusta, Botetourt, Essex, Frederick, Greene, Middlesex, Page, Pulaski, Roanoke, Rockingham, Shenandoah, Washington and Warren) and four independent cities (Fairfax, Harrisonburg, Salem, and Winchester)
California: Kings, Merced, Monterey, Yuba
Florida: Collier, Hardee, Hendry, Hillsborough, Monroe
New York: Bronx, Kings (Brooklyn), New York (Manhattan)
North Carolina: Anson, Beaufort, Bertie, Bladen, Camden, Caswell, Chowan, Cleveland (except for the city of Kings Mountain), Craven, Cumberland, Edgecombe, Franklin, Gaston, Gates, Granville, Greene, Guilford, Halifax, Harnett, Hertford, Hoke, Jackson, Lee, Lenoir, Martin, Nash, Northampton, Onslow, Pasquotank, Perquimans, Person, Pitt, Robeson, Rockingham, Scotland, Union, Vance, Washington, Wayne, Wilson
South Dakota: Shannon, Todd
Townships Michigan: Clyde Township (Allegan County), Buena Vista
New Hampshire: Rindge, Millsfield, Pinkham's Grant, Stewartstown, Stratford, Benton, Antrim, Boscawen, Newington, Unity
My guess is that if one gathers the data you may find that the Black jesus and his witHolder only sue states that do not vote overwhelmingly for RATs. Do you live in a BLUE state?
No, but I live in a sparsely populated western state not particularly supportive of Rats.
Ha ha ...my question still stands..so far I’m batting or betting that this admin holds the record for lawsuits against states!.
I'd love to hear the explanation behind this statement.
This is the way I see this entire charade - The Zero admin wants to be the sole arbiter of which Fed laws will be enforced and which ones will be ignored. See this, the State of AZ took the Fed law and copied it into a State law - thereby allowing the AZ law enforcement agencies to enforce the very law that Zero and his witHolder refuse to enforce. IF SCOTUS RULES AGAINST AZ HOW DO THEY RECONCILE THE FEDERAL LAW? Wouldn’t the Fed law also be ruled unconstitutional?
Im glad someone is paying attention.
Please excuse my posting techniques, I finally decided to start posting. Freepers rock!
Perhaps a better phrase would be “This law will face new challenges”. The case before the Supreme Court was argued on narrow grounds. The opponents of the law have already said that if they fail, they will file new challenges using different arguments.
Very interesting...yes very. Obviously the 1965 VRA is very discriminatory depending on location. Which begs the question, why hasn’t the 1965 VRA been struck down? Sad “one” needs ID to buy a pack of smokes, beer, open a checking account, get on a plane and multitudes of other required purposes.
SB 1070, in essence is no different. What part of illegal?
Illegal and immigrant what a farce. If someone breaks the law by entering a country illegally, they are not an immigrant. Immigrants file the required paperwork to be considered an immigrant.
There will be no more appeals by the federal government on the basis that the Arizona law pre-empts federal law.
But there could be other appeals by other parties (e.g., La Raza on other grounds -- such as racial discrimination, as was noted in the article.
We probably haven't seen the end of this -- the left is lawyered up.
What state is that? We are in AZ and fighting for our lives.
A little history...
Sen. Barry Goldwater was the GOP candidate for President in 1964. And, in 1965, he was probably the most prominent critic of the VRA -- precisely because of the discriminatory nature of Section 5.
He fought it on Constitutional grounds, arguing that Section 5 should apply to every state...or to none. Famously, he voted against the VRA...and thereby earned the enmity of black voters throughout the country.
Some believe that this event had more to do with the schism between blacks and the GOP than any other single event. Which is ironic, in that Goldwater wanted it apply to every state. Moreover, he was a strong civil rights proponent and leader.
For example, he specifically requested the honor of commanding the first fully-integrated unit in the American military and he led the Arizona Air National Guard through the process in 1948, I believe it was.
The Republicans joined in renewing the VRA (and the onerous Section 5) for another fifteen years in 2008. Why? You know the reason as well as I. They're afraid they'll be called racists if they don't vote to renew it.
Isn’t Kagan the newest member of the SCOTUS?
How does one appeal a decision of the USSC as this piece indicates is likely to happen?
Yes I agree with your comment, I have friends and relatives in AZ. Again....what part of illegal does the Federal Government not understand? Oh, wait, they only enforce laws that support illegal activity and disallow states from enforcing laws which would apprehend, prosecute and deport the border violators.
DOES SOTOMAYOR SUPPORT THIS? One Raza Studies textbook titled Occupied America, by Rodolfo Acuña, includes a violent and blood- curdling speech given by university professor Jose Angel Gutierrez: We have got to eliminate the gringo, and what I mean by that is if the worst comes to the worst, we have got to kill him, (pg. 323).
DOES SHE SUPPORT THIS? Taken directly from Occupied America (pg. 167): Supporters would execute all white males over age 16, (this is AKA the Plan of San Diego).
DOES SHE SUPPORT THIS? America-hating Raza Studies teach violence and undermining US ntl security----and preaches the need for Mexico to "re-take seven states in the Southwest...in order to make the SW a Chicano nation.
Course, if YOU oppose this, you are "heartless"....../s.
Adelita Grijalva is the woman on the Arizona school board pimping La Raza/LULAC/Mecha/MALDEF indoctrination programs in Tuscon schools.
Adelita is all up in arms about Raza Studies getting tossed via the AZ state legislature's action...she is the daughter of Raul Grijalva (D-AZ-7) who was just narrowly re-elected to our US Congress.
Raul Grijalva is one of Mexicos most productive and loyal representatives in our Congress....aiding and abetting building a Third World on US soil.
KTLA-LOS ANGELES -- A new report reveals millions of illegal immigrants are getting billions in IRS refunds, leaving many Californians asking how, why and is it true? According to the Center for Immigration Studies, in the 2010 tax year alone, undocumented workers received over $4 billion from the US govt.
As it turns out, a valid social security number isn't needed to apply for an IRS refund. "If you don't have papers in this country and you are working, you can apply for an ITIN number and then you file taxes," Luis Salazar, of Salazar Tax Services explains."If you quality for a refund, you can get money back," Salazar says.
Since illegal immigrants can't qualify for legitimate social security numbers, back in 1996 the US Treasury introduced the Individual TaxIdentification Number, or ITIN. Salazar says he sees thousands of US dollars returned to his clients who are from out of the country. "You can claim your daughter, you can claim your son, you can claim your grandfather, grandmother," he explains. "You can claim your mother, you can claim your father, you can claim nephews and nieces. Almost everybody besides cousins."
And that's how the money is banked -- all through the Additional Child Tax Credit, which grants families $1,000 per dependent. That's also where the scam can come in. The people who you claim should be living in the US with you, but Salazar says that some undocumented workers claim family members living across the border. Unscrupulous tax preparers are filing fraudulent returns getting ITIN clients thousands of dollars.
One report found an undocumented worker claimed 20 relatives as dependents under a fake address and took the government for a grand total of $29,000.
Salazar Tax Services insists that every claim they file is above the board. But they also say that not everyone chooses to be money smart over greed."I give you the option, like it's not correct, but if you want to claim it's up to you becasue you're the person in charge of your taxes because you're signing it," Salazar says.
COMMENTS Unscrupulous tax preparers are filing fraudulent returns for illegals. One illegal claimed 20 relatives as dependents under a fake address and took the US govt for a grand total of $29,000 (and that's just under a single identity). Salazar Tax Services insists that every claim they file is above board. "I give you the option, like it's not correct, but if you want to claim it's up to you because you're the person in charge of your taxes because you're signing it," Salazar says.
Luis Salazar---and all his clients filing fraudulent returns----need to be nailed in connection with this scam. Luis Salazar of Salazar Tax Services insists that every claim his firm files is above board. "I give you the option, like it's not correct, but if you want to claim it's up to you because you're the person in charge of your taxes because you're signing it," Salazar claims.
NOT SO FAST LUIS Every tax preparer is legally compelled to sign every IRS return, as well. If Salazar falsified the tax preparer's IRS entry---he is in legal hot water.
FBI TIPS PAGE https://tips.fbi.gov
This article also fails to mention that most illegals maintain multiple identities----and that they probably filed false claims for EITC under each identity.
REFERENCE The phony "just here for a better life" crowd who freely violate our borders and "do the jobs Americans won't do" have more criminal enterprises than you can shake a stick at.
<><>ICE's "documents and benefits fraud task force" found a common practice among "impoverished" illegals is to buy several faked identities for several thousand dollars each----the illegal then votes and rides the US gravy train under several names.
<><> Jose Madrigal---the Washington state rapist---had some 30 identities. And probably voted and collected US benefits under every single identity.
<><>June 26, 2010 An illegal using multiple identities was sentenced to prison and ordered to pay back $3 million in fraudulently obtained unemployment compensation. Manuel Mejia Ordonez, got eight years for conspiracy to commit mail fraud........and identity theft.
<><> Hilderberto Salinas sold state drivers' licenses issued out of the states Motor Vehicle Agency in NJ to illegals with multiple identities who did not have the necessary id's....among 40 people who participated in the widespread ring. "Impoverished" illegals paid $2,500 to $7,000 apiece for the licenses.
<><> July 21, 2006----NJ BERGEN RECORD---Pelcastre brothers, Angel and Jorge, Dallas, Texas, were a walking threat to US national security, expert document forgers who, for a few thousand dollars, could give anyone a new identity, NJ L/E authorities said. The Texas brothers were a "one-stop shop" for a myriad of fake US documents, including birth certificates, Social Security cards, driver's licenses----for any state in the US------ passports and resident alien cards, said state police.
The Texas brothers turned a NJ hotel room into a business office and were readying a massive cache of fake Social Security cards for delivery to a local NJ identity broker. Officers happened upon two cars bearing Texas plates in a NJ hotel parking lot. The Texas brothers were followed to a NJ office supply store nearby where they purchased computer supplies. Officers then followed the Texans to a NJ storage facility in Secaucus, NJ, where the Texans loaded several boxes into a car. One of them stood lookout.
After a search, police recovered laminating sheets with built-in security features, pages of blank documents waiting for fake names and information, finished documents, computers and software to create the fake IDs.
All told, the haul was worth about $500,000 on the street when sold to "impoverished illegals." Police also recovered $6,000 in cash, which was the first payment from a NJ fake document broker for a shipment of 500 phony Social Security cards. ####
<><> US Dept of the Treasury Says Illegal Aliens Collecting Billions in Tax Credits According to the US Dept of Treasurys Inspector General, more than $4.2 billion in additional child credits were paid out in 2010 to illegal immigrants. In 2005, the pay outs totaled $924 million. This program allows low income earners to claim a $1,000 per child credit. $20 billion EITC is estimated to have been paid out to these cunning "impoverished" illegals. Most of them are collecting over and over again-----using multiple identities-----falsifying official apps---claiming children they do not have and/or falsely stating kids are back in their homelands.
REFERENCE March 8, 2012 KENNER, La. -- Kenner police arrested illegal Marvin Baca who sold false W-2 forms to another illegal immigrant for $1,500. Baca sold fraudulent W-2 forms for $1,500 to other Hispanics here illegally.
Police said that on one of the forged W-2 forms had a SS no of a person living in Virginia. Police said illegal Hispanics purchase fictitious W-2 forms and file false tax returns with the government to receive EITC refunds. Baca was charged with one count of ID theft and two counts of forgery.
Here's an example of where the federales don't want pre-emption. JFK gets assassinated. The FBI, Texas Rangers, and local law enforcement bodies all over Texas and the Southwest lept into action to catch the perp.
If the federales could automatically pre-empt state involvement in these matters you'd had JFK's murder being dealt with entirely by the federal government. The Rangers and the local Dallas cops would have been asked to stand down and eat doughnuts.
Going the other way California wanted its own air emission standards. Eventually 13 other states and DC wanted them too (under a waiver by EPA). This was more or less settled by the Obama regime, but that, of course, is coming to an end so we'll see what else goes on.
The Republican Congress could really screw up EPA by requiring it to get exemptions from each state for the imposition of its own rules (hint, hint!).
It was all because LBJ was a neat guy, but the Republicans had lost the black vote in 1964.
If the executive branch can decide who can vote
the by extension the executive brance can decide who can NOT vote.
IOW voting the treasury.
Thanks for the ping.
” RINO Sen Graham-nesty voted for the wise latino’s SCOTUS confirmation. He is the same sleezy phony who claimed he was for changing the US constitution to stop birth-right citizenship just to kill the idea. He is a termite eating from within. “
” Adelita Grijalva is the woman on the Arizona school board pimping La Raza/LULAC/Mecha/MALDEF indoctrination programs in Tuscon schools.
Adelita is all up in arms about Raza Studies getting tossed via the AZ state legislature’s action...she is the daughter of Raul Grijalva (D-AZ-7) who was just narrowly re-elected to our US Congress. “
Father & daughter both hate the USA and white people.