Due to the great number of Filipinos in the USA, I am posting this report.
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Supreme Court partially strikes down Arizona immigration law but upholds controversial section
Rebecca DiLeonardo at 11:46 AM ET
The National Government has significant power to regulate immigration. With power comes responsibility, and the sound exercise of national power over immigration depends on the Nation's meeting its responsibility to base its laws on a political will informed by searching, thoughtful, rational civic discourse. Arizona may have understandable frustrations with the problems caused by illegal immigration while that process continues, but the State may not pursue policies that undermine federal law.In upholding section 2(B), the court found that 2(B) can be construed as a constitutional exercise of state authority, and that "it would be inappropriate to assume 2(B) will be construed in a way that creates a conflict with federal law." The court noted, however, that this decision does not bar other actions against 2(B) and other parts of the law based on different constitutional issues. Kennedy was joined in his opinion by Chief Justice John Roberts and Justices Ruth Bader Ginsburg, Stephen Breyer, and Sonia Sotomayor.
Justices Antonin Scalia, Clarence Thomas, and Samuel Alito each entered dissenting opinions. In his dissent, Scalia said he would uphold the Arizona law in its entirety. He maintained that the Constitution has given states the authority to regulate immigration just as they have the authority to prosecute individuals for other crimes. He concluded that the Arizona laws do not interfere with federal regulations:
What this case comes down to, then, is whether the Arizona law conflicts with federal immigration law—whether it excludes those whom federal law would admit, or admits those whom federal law would exclude. It does not purport to do so. It applies only to aliens who neither possess a privilege to be present under federal law nor have been removed pursuant to the Federal Government's inherent authority.Justice Elena Kagan took no part in the decision of this case. The US Court of Appeals for the Ninth Circuit upheld an injunction blocking the four controversial sections last April before the law ever took effect, and Arizona asked the high court to weigh in [JURIST reports]. The court agreed to hear [JURIST report] the case in December.
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