Supreme Court sympathetic to Arizona ?

December 9, 2010 § Leave a comment

Arizona’s crackdown on employers who hire unauthorized aliens won sympathy and support from a number of justices during U.S. Supreme Court arguments Wednesday in a challenge to the state’s immigration law. The potential for a 4-4 split — which would be a victory for Arizona — also loomed large as the justices considered whether the state law is inconsistent with, and thus preempted by, a 1986 federal immigration act. Shortly into the challengers’ arguments, Justice Antonin Scalia commented, “Arizona says the [federal] scheme in place has not been enforced and Arizona is in serious trouble,” financially and otherwise. Arizona has had to take a “massive step,” he said, laying the blame squarely on the federal government. Justice Elena Kagan has recused from the case because of her prior work as solicitor general. (NJ Law Journal)

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