Wednesday, the United States Supreme Court will hear oral arguments concerning this issue. Actually, there are four separate pieces of the law that are before the Court. The remainder of the law is not being challenged by the administration.
The Ninth Circuit Court of Appeals has stopped the enforcement of the sections of the law that:
- require the police to verify the immigration status of anyone they stop for lawful reasons, if they suspect that person may be in this country illegally,
- authorize the arrest of any foreign national who the police believe may have committed a deportable offense,
- make it a crime for any foreigner to not carry their registration documents, and,
- make it a crime for an illegal immigrant to look for or perform work in this country.
The Court could find all of the above, some of the above, or none of the above to be unconstitutional based upon the “supremacy clause” of the Constitution. That is a fancy legal term that basically means, if the federal government has the power to regulate something under our Constitution, the states cannot pass laws interfering with the government’s power.
Much like Obamacare, a decision is expected by the end of June.
But, let me leave you with this.
Remember the President’s comments about the Court and its review of Obamacare? If the Court finds some or all of this law to be unconstitutional, would that be an “unprecedented and extraordinary step of overturning a law that was passed by a strong majority of a democratically elected” Arizona legislature?