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    Decision could play role in 2012 election, similar legislation is pending in other states

    By Ariane de Vogue ( @arianedevogue)

    The Supreme Court has added another hot button issue to its docket this term agreeing today to hear a challenge to Arizona's strict immigration law.

    The case will be argued sometime this spring, and Justice Elena Kagan will take no part in the decision presumably because she dealt with the issue in her previous job as Solicitor General of the Obama administration.

    Today's announcement means that by June the court will have decided three major controversial issues that could have an impact on the next election. Besides the immigration case, the Court will hear a challenge to the Obama administration's health care law as well as a dispute regarding Texas redistricting maps.

    Arizona's immigration law was passed in April of 2010, and was immediately challenged by the Obama administration. The administration argued that the state law interferes with existing federal law.

    "Federal law and policy do not adopt such a one-size-fits all approach to enforcement," Solicitor General Donald B. Verrilli argues in court briefs. "The officials who enforce the Nation's immigration laws require significant discretion in order to balance numerous goals and purposes… including law enforcement priorities, foreign -relations considerations and humanitarian concerns."

    Lower courts sided with the Obama administration and blocked several key provision of the law from going into effect.

    The lower court's decision outraged Arizona Governor Jan Brewer who released a statement at the time saying the law "represents another tool for our state to use as we work to address a crisis we did not create and the federal government has actively refused to fix. The law protects all of us, every Arizona citizen and everyone here in our state lawfully." Arizona argues that the State had to move aggressively to pass the controversial provisions because the federal government was not doing its duty to control immigration.

    Lawyers for the State asked the Supreme Court to step in to reverse the lower Court's action.

    "Arizona bears the brunt of the problems caused by illegal immigration," writes lawyer Paul Clement, a lawyer for the State in court briefs. "Arizona has repeatedly asked the federal government for more vigorous enforcement of the federal immigration laws, but to no avail."

    One of the blocked provisions provides that a law enforcement officer can ask the person he has stopped, detained or arrested for his papers if the officer has a reasonable suspicion that the person is in the country illegally. Another section makes it a state crime for someone to work or seek work without proper authorization.

    Critics of the law are pleased that the high court has agreed to step in and decide the issue.

    "I think the Court intends to clarify any dispute about the meaning of its legal precedent regarding the ability of states to regulate immigration." says Karen Tumlin, and attorney at the National Immigration Law Center.

    "This case boils down to a question of whether Arizona can mandate that its officers interrogate individuals about their immigration status and attempt to enforce federal civil immigration law" she says.

    Although deeply opposed to the law, the Obama administration had asked the Supreme Court to refrain from taking up the case at this juncture. Verrilli argued that so far only one appellate court has dealt with the law and the Supreme Court should wait until more cases from other states have had a chance to make their way through the lower courts.

    Similar legislation is pending in Utah, South Carolina, Indiana, Georgia and Alabama.

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    12 comments

    • smokedsalmoned  •  Hartford, United States  •  5 mths ago
      Elena Kagan Is For Terrorists Rights?? Foreign Terrorists Have Constitutional Rights?????
      .
      During her tenure as dean at Harvard Law, Elena Kagan penned a letter urging the Senate not to adopt an amendment that would have protected the White House from lawsuits filed by foreign terrorists. She asserted that their "constitutional rights" had been violated by American law-enforcement and intelligence authorities.

      .
      Should someone who believes that foreign enemy terrorists / combatants have constitutional rights on par with a US Citizen be on our Supreme Court? Furthermore, why would someone nominate anyone who thought that to be true?
    • smokedsalmoned  •  Hartford, United States  •  5 mths ago
      Elena Kagan Against Free Speech?
      .
      In 1993 Kagan penned an article titled “Regulation of Hate Speech and Pornography" for the University of Chicago Law Review. In that piece, she wrote:

      .

      “I take it as a given that we live in a society marred by racial and gender inequality, that certain forms of speech perpetuate and promote this inequality, and that the uncoerced disappearance of such speech would be cause for great elation.”

      .

      Such judicial thought would seem to fly in the face of the Freedom Of Speech rights we have as citizens. Do Americans want a Supreme Court Justice that would limit free speech, even hateful speech? Once limitations are put on Free Speech, what's next?
    • smokedsalmoned  •  Hartford, United States  •  5 mths ago
      Kagan - Wrong For Supreme
      .
      Here are the credentials of our Presidents last nominee for the highest court in the land:
      .
      -No experience as a judge.
      .
      -While Dean of Harvard Law she tried to kick army military recruiters off campus.
      .
      -In October 2003, Kagan transmitted an e-mail to students and faculty deploring that military recruiters had shown up on campus in violation of the school's anti-discrimination policy. It read, "This action causes me deep distress. I abhor the military's discriminatory recruitment policy." She also wrote that it was "a profound wrong -- a moral injustice of the first order."

      .
      -At Harvard she penned a letter urging the Senate not to adopt an amendment that would have protected the White House from lawsuits filed by foreign terrorists charging that their "constitutional rights" had been violated by American law-enforcement and intelligence authorities.

      .
      -At Princeton, she wrote a senior thesis under historian Sean Wilentz titled "To the Final Conflict: Socialism in New York City, 1900-1933". A thesis that was of course pro socialism and pro radicalism.

      .
      -From 2005 through 2008, Kagan was a member of the Research Advisory Council of the Goldman Sachs Global Markets Institute. Yes the Goldman Sachs that appears to have been knee deep in our financial crisis.

      .
      Is this what America wants on the Supreme Court or is it what Obama wants on the Supreme Court? Why on earth would he nominate a hard line socialist, fan of radicalism, anti military, proponent of terrorist rights, with ties to Goldman Sachs no less, who also has absolutely no experience on the bench?
    • smokedsalmoned  •  Hartford, United States  •  5 mths ago
      Elena Kagans Leftist Dream
      .
      One week after Ronald Reagan’s presidential victory in 1980, Elena Kagan contributed a piece to the Daily Princetonian, where she gave voice to her angst over the apparent demise of the Left. She wrote:

      .
      “Looking back on last Tuesday [election day], I can see that our gut response -- our emotion-packed conclusion that the world had gone mad, that liberalism was dead and that there was no longer any place for the ideals we held or the beliefs we espoused -- was a false one. In my more rational moments, I can now argue that the next few years will be marked by American disillusionment with conservative programs and solutions, and that a new, revitalized, perhaps more leftist left will once again come to the fore. I can say in these moments that one election year does not the death of liberalism make and that 1980 might even help the liberal camp by forcing it to come to grips with the need for organization and unity. But somehow, one week after the election, these comforting thoughts do not last long. Self-pity still sneaks up, and I wonder how all this could possibly have happened and where on earth I'll be able to get a job next year.”

      .
      How did this viewpoint influence our President to nominate this person for Supreme Court?
    • smokedsalmoned  •  Hartford, United States  •  5 mths ago
      Get To Know Elena Kagan
      .
      Here are the credentials of our Presidents nominee for the highest court in the land:
      -No experience as a judge.
      -While Dean of Harvard Law she tried to kick army military recruiters off campus.
      -In October 2003, Kagan transmitted an e-mail to students and faculty deploring that military recruiters had shown up on campus in violation of the school's anti-discrimination policy. It read, "This action causes me deep distress. I abhor the military's discriminatory recruitment policy." She also wrote that it was "a profound wrong -- a moral injustice of the first order."

      .
      -At Harvard she penned a letter urging the Senate not to adopt an amendment that would have protected the White House from lawsuits filed by foreign terrorists charging that their "constitutional rights" had been violated by American law-enforcement and intelligence authorities.

      .
      -At Princeton, she wrote a senior thesis under historian Sean Wilentz titled "To the Final Conflict: Socialism in New York City, 1900-1933". A thesis that was of course pro socialism and pro radicalism.

      .
      -From 2005 through 2008, Kagan was a member of the Research Advisory Council of the Goldman Sachs Global Markets Institute. Yes the Goldman Sachs that appears to have been knee deep in our financial crisis.

      .
      Is this what America wants on the Supreme Court or is it what Obama wants on the Supreme Court? Why on earth would he nominate a hard line socialist, fan of radicalism, anti military, proponent of terrorist rights, with ties to Goldman Sachs no less, who also has absolutely no experience on the bench? Unfortunately we have to live with her for 30+ years and she alone is reason enough to fight to prevent a Second Term for Obama, cause this nation can’t afford another Elena Kagan on the Supreme Court.
    • smokedsalmoned  •  Hartford, United States  •  5 mths ago
      How To Fight Illegal Immigration. – Call 1-866-347-2423
      .
      If you have information regarding illegal immigrants or activities associated with such activities then as a law abiding citizen you should contact the local authorities. Alternatively, the number for the U.S. Immigration and Customs Enforcement department is 1-866-347-2423. It is a toll free number and is also referred to as 1-866-DHS-2-ICE). Their web site is at www.ice.gov

      .
      You should direct your correspondence to the Office of Detention and Removal Operations (DRO) which is responsible for promoting public safety and national security by making certain through the enforcement of U.S. immigration laws that all removable aliens depart the United States.

      .
      Keep this info in your car or in your wallet and when you spot something suspicious, let them know. If find out that your neighbor hires illegal's for nannies, maids or lawn work then report them. If you do your part to report them at work, on the street and in your neighborhood we can make a difference and we can make the federal government and our President uphold the very law they swore to uphold
    • smokedsalmoned  •  Hartford, United States  •  5 mths ago
      Illegal Immigration Is A Crime
      .
      We must enforce our citizens rights to the ownership of this country. This is our country and we must not encourage or accept illegal immigration. These people are illegally crossing our borders, taking jobs from Americans, sucking up health care costs within our emergency rooms, costing us billions in enforcement costs, aiding the flow of drugs, supporting a human trafficking criminal element, supporting an industry for the creation of fake identification, potentially providing a gateway / underground for terrorists to enter our country.

      .
      Do not provide amnesty to criminals. Do not encourage millions to enter our country illegally. Do not spit in the face of every legal immigrant trying to get in this country. Keep in mind that there is unemployment in the U.S. and at roughly 7% that is greater than the number of illegal's but close and there may be a bit of a correlation don’t you think. They lower average wages and that is damaging to workers of all stripes, union and otherwise.

      .
      Pick a reason to get tough on illegal immigration, they are as numerous as the criminals trespassing in our country every day!

      .
      Make illegal immigration a felony. Change the law that allows a child born in the US to be considered a US citizen. Do everything you can to discourage this immigration and the tools for our judicial and enforcement system to get tougher and make examples. Its your job to protect our borders, please do so.
    • smokedsalmoned  •  Hartford, United States  •  5 mths ago
      Wilson Was right. Obama Did Lie On Healthcare
      .
      When Representative Wilson shouted out you lie I cheered. Obama had said that his government health plan would not pay for illegal's and it was a lie. Currently the cost of illegal's seeking emergency care is paid for by hospitals. Since Obama's health care plan refuses to force doctors to provide for care for humanitarian reasons and check citizenship his plan is paying for illegal's.

      .
      If you give 12,000,000 illegal's free emergency care the cost gets passed on to everyone else including the government. If you can't understand that then you are either ignorant or lying.
    • smokedsalmoned  •  Hartford, United States  •  5 mths ago
      Illegal+ Illegal = Legal?
      .
      If your parents are illegal, you are illegal. How do two wrongs make a right and magically give the kid citizenship as well as serve as an anchor baby to keep the parents in the US. How does anything legal come out of something illegal?

      .
      How much is anyone's citizenship worth, or what is the value of their ownership in the resources of this country & its institutions when people can break the law and get citizenship?

      .
      What does it say about any political party that would grant citizenship almost as a reward to lawbreakers or their offspring.

      .
      If in fact the Supreme Court agrees that the 14th amendment grants citizenship to the offspring of illegal alien parents just cause they popped out the kid on US soil, then we need to amend the constitution.
      • smokedsalmoned 5 mths ago
        Kagan will take no part in this decision because she dealt with the issue in her previous job as Solicitor General of the Obama Administration. Thank goodness.
    • smokedsalmoned  •  Hartford, United States  •  5 mths ago
      Kagan will take no part in this decision because she dealt with the issue in her previous job as Solicitor General of the Obama Administration. Thank goodness.
    • smokedsalmoned  •  Hartford, United States  •  5 mths ago
      What is it about the word ILLEGAL that Democrats do not understand?
      • smokedsalmoned 5 mths ago
        Kagan will take no part in this decision because she dealt with the issue in her previous job as Solicitor General of the Obama Administration. Thank goodness.
    • Charles  •  5 mths ago
      The headline writer should be fired.
      • smokedsalmoned 5 mths ago
        I love the lady in the picture with the we have rights sign. Not if you aren't a citizen sweetie.
      • smokedsalmoned 5 mths ago
        Kagan will take no part in this decision because she dealt with the issue in her previous job as Solicitor General of the Obama Administration. Thank goodness.
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