Monday, December 12, 2011

Supreme Court To Decide Arizona Illegal Alien Bill...Justice Kazan Recuses Herself

Arizona's SB1070, the law that allows police to check the immigration status of people they have reasonable cause to suspect of being illegal aliens during unrelated business like traffic stops is going before the Supreme Court.

The law,which also requires immigrants to carry their papers at all times and bans people without proper documents from soliciting for work in public places was challenged by the Obama Administration's Department of Justice and has had its key provisions held up by an appeals court decision by Judge Richard Paez, a Clinton appointee.

The Court will hear the case in April and a ruling is expected by July..right around the time ObamaCare is due for a ruling.

Since the Arizona law mirrors existing US immigration law of long standing, the only real grounds for challenging its constitutionality is the argument that SB1070 infringes on the federal mandate to enforce immigration policy. But since Arizona's law enforcement personnel would in fact be enforcing laws that mirror the laws the feds are supposed to be enforcing but aren't, I don't see how you make a logical case for that unless you are inherently biased.

In an interesting sidelight, Justice Elana Kagan has recused herself from rendering judgment on this case because of her involvement with it as Obama's Solicitor General. I have to wonder if this is a precursor to her recusing herself from the ObamaCare case as well, for the same reasons.

A number of states have laws pending similar to Arizona's that will also be affected by how this goes.

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1 comment:

Anonymous said...

She recused herself on this so she could get away with not recusing herself on O-Care. And I'll bet she consulted heavily with Obama operatives on this trick and here you thought a woman so unappetizing could not turn tricks