Monday, March 19, 2012

U.S. argues Arizona immigration law unconstitutional

Politico.com reports: In a brief filed Tuesday, the Justice Department asked the Supreme Court to find unconstitutional Arizona's law aimed at cracking down on illegal immigrants. "Petitioners assert that Arizona’s status as a border State that is particularly affected by illegal immigrationjustifies its adoption of its own policy directed to foreign nationals. But the framers recognized that the 'bordering States…will be those who, under the impulse of sudden irritation, and a quick sense of apparent interest or injury,' might take action that undermines relations with other nations, and regarded that possibility as a further reason to vest authority over foreign affairs in the National government," says the brief filed by Solicitor General Donald Verrilli.

The Framers' quote is from Federalist No. 3, written by John Jay. One interesting note about the U.S. Government brief: it was signed by State Department Legal Adviser (and former Yale Law School dean) Harold Koh, underscoring the foreign policy-related argument against the Arizona statute.

Arizona's opening brief is posted here. The case is set to be argued before the high court on April 25.

1 comment:

Vicente Duque said...

The Four Horsemen of the U. S. Supreme Court against the New Deal in 1935-1937 - Conservative Judicial Activism that Franklin Delano Roosevelt condemned as "Social Darwinism" - How FDR changed the court after June 1937


The success of the Horsemen in striking down New Deal legislation :

Some academics argued that the Court's aversion to 'regulated capitalism' confronted the country with "the question not how governmental functions shall be shared, but whether in substance we shall govern at all".

The Supreme Court in year 2012 has several hot potatos in their hands like Obamacare, that is Healthcare Overhaul and the Individual Mandate, Arizona's "SB 1070", Texas Redistricting and others.

The Court can use these ticking bombs against Obama, but the result may be disastrous and prompt a bigger number of votes to reelect President Obama.


Source of Information ( Please click on link ) :

http://en.wikipedia.org/wiki/Four_Horsemen_%28Supreme_Court%29


Some excerpts :


The "Four Horsemen" was the nickname given by the press[1] to four conservative members of the United States Supreme Court during the 1932–1937 terms, who opposed the New Deal agenda of President Franklin Roosevelt.[2] They were Justices Pierce Butler, James Clark McReynolds, George Sutherland, and Willis Van Devanter. They were opposed by the liberal "Three Musketeers"—Louis Brandeis, Benjamin Cardozo, and Harlan Stone. Chief Justice Charles Evans Hughes and Justice Owen J. Roberts controlled the balance. Hughes was more inclined to join the liberals, but Roberts was often swayed to the side of the conservatives.

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