The Left Gets Its Own Charlottesville
Pro-Hamas Activists March on NYPD HQ After Police Dismantled NYU's Pro-Hamas Camp
A Girl Went to Wendy's and Ended Up With Permanent Brain Damage
Patriots Owner to Columbia University: Say Goodbye to My Money
Democrats Are Going to Get Someone Killed and They’re Perfectly Fine With It
Postcards From the Edge of Cannibalism
Why Small Businesses Hate Bidenomics
The Empire Begins to Strike Back
The Empires Begin to Strike Back
With Cigarette Sales Declining, More Evidence Supports the Role of Flavored Vapes in...
To Defend Free Speech, the Senate Should Reject the TikTok Ban
Congress Should Not Pass DJI Drone Ban Legislation
Republican Jewish Coalition Endorses Bob Good's Primary Opponent Due to Vote Against Aid...
Here's What Kathy Hochul, Chuck Schumer Are Saying About Columbia University's Pro-Hamas P...
Minnesota State Sen. Arrested for Burglary, Raising 'Big Implications' Over Razor-Thin Maj...

SCOTUS Will Hear Case of Arizona Immigration Law, Kagan Recuses

First healthcare, now immigration -- the Obama administration sure is keeping the Supreme Court busy. The Court has announced that it will hear the case of Arizona's contentious immigration law, SB1070, in the coming year.


The case, which has attracted national attention, pits Arizona against Obama administration, which sued and won court orders blocking implementation of most of the law at both the district and appeals court levels. Arizona’s law spawned a host of copycat laws in other states, and most of them have likewise seen their key provisions blocked by court challenges from the administration.

At stake is Arizona's goal of granting state and local police the power to check the immigration status of persons they encounter during their duties, such as traffic stops. Administration lawyers argue the state statutes infringe on what is federal responsibility to police the borders and set immigration policy.

Arizona Gov. Jan Brewer, whose signature on the law turned her into a national leader on immigration issues, said she expects the court will uphold the right of states to take action where the federal government has failed.

"Arizona has been more than patient waiting for Washington to secure the border," she said. "Decades of federal inaction and misguided policy have created a dangerous and unacceptable situation, and states deserve clarity from the Court in terms of what role they have in fighting illegal immigration."


Justice Elena Kagan has recused herself from the proceedings, as she was still serving as solicitor general when the Department of Justice filed its lawsuit. This opens up the possibility of a 4-4 tie, which would uphold the appellate court's ruling in favor of the Obama administration -- thus, for Arizona to win, the Court must rule 5-3.

It's interesting to note that her recusal means slightly less in this case than it does in the healthcare case, which she will hear. Because the lower court's ruling in the immigration law case favored the Obama administration, the tie would uphold the ruling -- a vote Kagan would likely cast as well. However, in the healthcare case, the Florida ruling overturned the Affordable Care Act. Thus, if Kagan recused, and the Court tied, Obamacare would be deemed unconstitutional.

Join the conversation as a VIP Member


Trending on Townhall Videos