Supreme Court Sides With AZ Over Illegal Worker Law
- Posted on May 26, 2011 at 11:02am by
Jonathon M. Seidl
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WASHINGTON (AP) — The Supreme Court has sustained Arizona’s law that penalizes businesses for hiring workers who are in the United States illegally, rejecting arguments that states have no role in immigration matters.
By a 5-3 vote, the court said Thursday that federal immigration law gives states the authority to impose sanctions on employers who hire unauthorized workers.
The decision upholding the validity of the 2007 law comes as the state is appealing a ruling that blocked key components of a second, more controversial Arizona immigration enforcement law. Thursday’s decision applies only to business licenses and does not signal how the high court might rule if the other law comes before it.
Chief Justice John Roberts, writing for a majority made up of Republican-appointed justices, said the Arizona’s employer sanctions law “falls well within the confines of the authority Congress chose to leave to the states.”
Justices Stephen Breyer, Ruth Bader Ginsburg and Sonia Sotomayor, all Democratic appointees, dissented. The fourth Democratic appointee, Justice Elena Kagan, did not participate in the case because she worked on it while serving as President Barack Obama’s solicitor general
Breyer said the Arizona law upsets a balance in federal law between dissuading employers from hiring illegal workers and ensuring that people are not discriminated against because they may speak with an accent or look like they might be immigrants.
Employers “will hesitate to hire those they fear will turn out to lack the right to work in the United States,” he said.
.Business interests and civil liberties groups challenged the law, backed by the Obama administration.
The measure was signed into law in 2007 by Democrat Janet Napolitano, then the governor of Arizona and now the administration’s Homeland Security secretary.
The employer sanctions law has been only infrequently used. It was intended to diminish Arizona‘s role as the nation’s hub for immigrant smuggling by requiring employers to verify the eligibility of new workers through a federal database. Employers found to have violated the law can have their business licenses suspended or revoked.
Lower courts, including the San Francisco-based 9th U.S. Circuit Court of Appeals, previously upheld the law.
The case is Chamber of Commerce v. Whiting, 09-115.
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Comments (143)
slickmeister
Posted on May 26, 2011 at 11:44amSo….. will homeowners need to check IDs for the guy who cuts their lawns?
Report Post »Airgun
Posted on May 26, 2011 at 11:56pmIf necessary,however it makes more sense to have lawn service companies more carefully monitor who works for them, as this law clearly does.
Report Post »concealled9mms
Posted on May 26, 2011 at 11:43amAnd today is my birthday what a nice present
Report Post »commonsenseguy
Posted on May 26, 2011 at 12:16pmwell happy birthday, hope you have a great day, and many more!!!!!
Report Post »Entropy
Posted on May 26, 2011 at 2:28pm@Commonsenseguy
Report Post »Quit s@uc king up to the posters. It is nauseating.
concealled9mms
Posted on May 26, 2011 at 4:47pmthank you commonsenceguy
Report Post »modilly
Posted on May 26, 2011 at 11:42amWhat’s this business about what “Congress chose to leave to the states”? Sounds like a breach of Federalism to me and by one of “our guys”.
Report Post »The Patriot
Posted on May 26, 2011 at 11:41amAmerica where the world dumps its trash.
Report Post »harumph
Posted on May 26, 2011 at 11:32amMost excellent!
Report Post »sacrificeforkids
Posted on May 26, 2011 at 11:32amamen:
Report Post »BuckRussell
Posted on May 26, 2011 at 11:31amSHOCK ALERT!!!!….Sotomayor voted against it! Expect her to blindly ignore the constitution on all immigration and citizenship issues, just as Kagan will destroy it with social “justice” and engineering issues.
Report Post »BuckRussell
Posted on May 26, 2011 at 11:27amAdd your comments
Report Post »tomloy
Posted on May 26, 2011 at 11:27amGotta love this! Nice to see common sense rule for change!
Report Post »The Swedette
Posted on May 26, 2011 at 11:26amThose libs are just too unreal….. we need to strike this law because it may make it harder with someone with an accent to get a job????????????
Well, I have an accent. What I have done over the years is just to show my Green Card, (my PAPERS) and there has never been a problem for me to get a job.
Oh, and by the way, I’m required to always carry the card with me. If I’m ever stopped due to being a suspect of some sort and someone needs to know my immigration status, it’s really simple.
I just show them my card.
Now, how hard is all this stuff??????????
Report Post »TMACK
Posted on May 26, 2011 at 2:30pmYou are exactly right! My husband has an accent and before he became a US citizen, held a green card for 5 years that he presented to potential employers or any authority that may have asked to see proof that he was here legally.
If you have nothing to hide, then you shouldn’t scatter like cockroaches when the light is turned on.
Report Post »southernORcobra
Posted on May 26, 2011 at 11:21amhoorah for AZ
Report Post »concealled9mms
Posted on May 26, 2011 at 11:21ami am now waiting to see what adolph obamma does aganist the state of arizona. barry does not like to get slapped down i wonder if he will belittle the court at his next state of the union lie fest speech
Report Post »Entropy
Posted on May 26, 2011 at 2:10pmI guarantee you Daley and his goons are already “re-threatening” the supremes. It is what goons do.
Report Post »SHOESHINEBOY
Posted on May 26, 2011 at 11:19amThis is very good news indeed, living here in AZ, this is very good news indeed. Now for LORD BARRY to overturn it…why..He don’t need no stinking congress…He don’t need no stinking sentate…and He really don’t need no stinking Court…He is LORD BARRY afterall…
Report Post »siebegorman
Posted on May 26, 2011 at 11:17amFinally, some good news. Hey Texas, see what we could have done with the anti-groping bill. I am apalled our legislators are so spineless. Don’t mess with Texas, HAH. Our new motto is free federal groping.
Report Post »Sinista MACE
Posted on May 26, 2011 at 11:16amGood Job.
Now close the border.
Report Post »ChildOfTheKing
Posted on May 26, 2011 at 11:23amWe can only wish and pray. Close the border, THEN allow immigrants to follow the law of the land. However, we do need new immigration reform. I want to see people from other countries come here, provided they learn to speak English, get a job, and follow our Constitution. It should NOT take them so long to become a citizen.
Report Post »commonsenseguy
Posted on May 26, 2011 at 11:26am@sinista, read where the feds got their wish here in Texas and force the no pat down bill to be taken off the table, we here in Texas do not need the government, they need us, we are way to big to let them tell us how to run our state, i can not believe our representatives allow this to happen, thanks for the information yesterday, have already sent out e-mails to my representatives, and friends ,this has to stop,
Report Post »Sinista MACE
Posted on May 26, 2011 at 11:30amOh I’ve been all over that, I watched as Alex Jones stormed the Texas house with protestors shouting “treason!“ and ”cri-min-nal” at those Nazi thugs.
This is equivalent to civil war!
Report Post »commonsenseguy
Posted on May 26, 2011 at 11:45am@sinista, from the Texas tribune,owned by john thornton,they also get money from soros, managing editor,ross ramzey, said ,that Texans do not understand the complex issues facing Texas,and should sit down and shut up, and let the politicians handle the states budget problems, you should read the rest at empowering Texans .com
Report Post »abbygirl1994
Posted on May 26, 2011 at 12:05pmChildoftheking… I don’t mind if they come, but it better not be for free welfare, free food, free healthcare. My ancestors certainly didn’t get it all free. My greatgrandmother died living in a tent, she cetainly didn’t get any free housing. They wanna come they had better work for it, I mean American citizenship!
Report Post »Sinista MACE
Posted on May 26, 2011 at 12:49pmLieutenant Governor David Dewherst KILLED THE ANTI-GROPING TSA BILL FOR OBAMA!!
Straight up RINO who just threatened the Texas Senate that the FEDS and TSA would institute a NO-FLY ZONE OVER TEXAS if they didn’t allow the TSA to grope their citizens!
THIS IS AN ACT OF ECONOMIC WARFARE!!
What would the FEDS and TSA do if Texas REFUSES to comply?
ARE THEY GOING TO SHOOT DOWN AMERICAN AIRLINERS?!?!?!
ARE THEY GOING TO TREAT TEXAS LIKE IRAQ OR LIBYA?!??!
ABOLISH THE TSA!
Report Post »Entropy
Posted on May 26, 2011 at 2:13pmThat creep Napolitano already has armed Predator drones flying over Texas. That is why they caved. They were threatened.
Report Post »commonsenseguy
Posted on May 26, 2011 at 11:16amget ready, i here eric holder firing up the jet, and i also heard the union thugs firing up the buses to protest, you know, some times the supreme court gets it right,even with left wing commies in there, i just wish they would get right all of the time,so get ready Arizona, here comes the thugs and more hell raising ,the union leaders want the illegals,they need more union dues for obamas reelection.
Report Post »flsnipe
Posted on May 26, 2011 at 11:14amWow they did somthing right.
Report Post »concealled9mms
Posted on May 26, 2011 at 4:50pmwhats scary is three voted aganist it i say dismantel the court and let us vote whats the difference
Report Post »TraciS
Posted on May 26, 2011 at 11:14amFinally Arizona catches a break.
Report Post »Gonzo
Posted on May 26, 2011 at 11:14amGood, now take the Obamacare case Supreme Court. What the heck are you waiting for?
Report Post »commonsenseguy
Posted on May 26, 2011 at 11:30am@gonzo, morning,hope you are having a great day, already hot here , but has not stopped me from going fishing, had to mow my dust yard this morning, the wife said we were having company over, i hope they bring something good to eat,because i am not cooking, anyways have a good day,and keep up the pressure, the left is running scared and they look like a bunch of chickens with their heads cut off,
Report Post »2gether
Posted on May 26, 2011 at 12:11pmThe administration “advised” (THREATENED) the Supreme Court against fast tracking the health care issue because their was reason to! Unfortunately, the administration believes that it should be their way or the highway. To this end, nothing will get done. Even if the program is deemed unconstitutional (which it has been in a couple of states I believe) states are still required to spend millions of dollars in setting up the frame work for it just because of the injunctions.
Report Post »Entropy
Posted on May 26, 2011 at 2:01pm@2gether
Report Post »You are exactly right. The Obama goons have somehow threatened the Supreme Court Justices. What makes me sick about it is that so called “federal law enforcement” have so abdicated their responsibility to do their d@mn jobs. They are so in the tank for their pensions and benefits that they don’t even have the balls to protect the supremes from mobster goon threats. What a bunch of low lifes. And they are all union members of course.
hightide
Posted on May 26, 2011 at 11:13amEmployers “will hesitate to hire those they fear will turn out to lack the right to work in the United States,”
I think that is the point.
Report Post »TMACK
Posted on May 26, 2011 at 2:22pmRight on!!!
Report Post »kung
Posted on May 26, 2011 at 11:13amLa Raza. Sizzle. Losers. Arizona. Boom. Wiiiiiinnnning.
Report Post »Skippy Toes
Posted on May 26, 2011 at 11:30amZippy do dah! Booyah!
Report Post »JGraham III
Posted on May 26, 2011 at 11:10amA step in the right direction.
Report Post »The10thAmendment
Posted on May 26, 2011 at 2:22pmThis is a step “back” toward the right direction. The Bill of Rights was to shackle the Federal Government to the Foundation known as the Nations Charter, or Declaration of Independence. The 10th Amendment simply acknowledged by unanimous consent the separate States the right to erect laws they felt necessary to secure their Liberty. When will WE THE PEOPLE demand AND force the Fed. Government to get stuffed back into its box where it belongs?
Report Post »MIBUGNU2
Posted on May 26, 2011 at 10:18pmTHank You, Thank You, Thank You !!!!!
Report Post »NOTAMUSHROOM
Posted on May 26, 2011 at 11:10am‘Bout time.
Report Post »RodT82721
Posted on May 26, 2011 at 11:10amNow if only we had an administration that thought that any judicial opinion also applied to them! Barry is a law unto himself, no one has a higher authority then the President, ergo, AZ can not win!! What will Barry with-hold from AZ for this?
Report Post »commonsenseguy
Posted on May 26, 2011 at 11:21amwe all know that obama will executive order a over turn of this decision, just like he is trying to executive order a gun ban. heck congress has made or should i say let themselves become irrelevant,by let obama use executive orders as a way to get around the constitution. he will go after guns next,as he just said ,they are working in secret to come up with a way to executive order the outlawing of guns, wake up people, call or e-mail your congressman and wake them up before we lose more of our freedoms.
Report Post »Entropy
Posted on May 26, 2011 at 1:54pm@Commonsense
Report Post »The only way you will lose your rights is if you let them be taken from you. They can ban guns all they want. But you have to give them up for them to win. Don’t give them up. Resist the tyranny. It is that simple. Any man that submits to tyranny when he has the means to fight back, is a wuss ball.
Contrarian51
Posted on May 26, 2011 at 7:16pmStumbled across this tweets, not sure if they’re real
@BarrySotero
“OK, Arizona, no more high speed rail funds for you”
@JanBrewer
Report Post »“Thank you, sir, may I have another?”
Vickie Dhaene
Posted on May 26, 2011 at 11:09amWell it’s about time for this decision. If we go after the employers then maybe the FLOW will stop. No jobs, no come here.
Report Post »Anonymous T. Irrelevant
Posted on May 26, 2011 at 11:14amJustice isn’t blind anymore. All democratic appointees dissented. It’s all political.
“Lower courts, including the San Francisco-based 9th U.S. Circuit Court of Appeals, previously upheld the law”
Even in liberal land they protect non-citizens and ignore federal law.
Report Post »lovenfl3
Posted on May 26, 2011 at 11:16amYou just have to love the Obama administrations stance on this issue. According to them, the states have no right to enforce laws because it’s the feds job, yet they aren’t going to do it. What amazing times we’re living in. http://www.youtube.com/watch?v=Le53dbWpg_Q Illegal means illegal.
Report Post »DNoyce
Posted on May 26, 2011 at 11:19amGood thought, but the real reason many come is for the free welfare, medical, and educational benefits provided to the illegals.
Report Post »ChildOfTheKing
Posted on May 26, 2011 at 11:21amAWESOME! Glad to hear that there are some intelligent people left on the bench.
Report Post »SavingtheRepublic.com
Posted on May 26, 2011 at 11:22am^______^______^
I agree since a frontal attack via laws like sb1070 hit roadblock after roadblock the only other option is to go after employers etc…. the enablers. Illegals are here for jobs, social programs, education etc violating our laws/ sovereignty, staling from Americans; we need to encourage conservative lawmakers to go after those things illegals are seeking. I call it the Capone Angle, stop them by making those things they want unattainable.
Got to think out of the box on all issues folks do things you wouldnt do, its the only way to stop the destruction of the nation. If you’re reading this you are the resistance…http://savingtherepublic.com
Report Post »sooner12
Posted on May 26, 2011 at 11:23am“falls well within the confines of the authority Congress chose to leave to the states.”
The problem I have with this statement is Congress CHOSE to leave to the states. It should, with few exceptions, always be what the states leave to the federal government. Unfortunately, and I’ve heard this many times, people are too quick to ask and expect “government to do something about it.” It’s sad what we have become where there are those who want government to solve all our problems.
Report Post »mikem1969
Posted on May 26, 2011 at 11:29amGood for AZ. Now we need to do this in every state. Make the fine 50000 to 6000. per offense, and after a set number of offenses, the fine doubles, and continues to double for each offense there after.
Report Post »thegrassroots
Posted on May 26, 2011 at 11:48amIt’s a start …
Report Post »PatriotsLikeMe
Posted on May 26, 2011 at 11:53amGreat for AZ and for the rest of us as well but I’m troubled by the 3 votes against it. These bleeding hearts won‘t stop until we’re bled out. But, that is the goal now, isn’t it?
May we long live as a nation of laws!!
Report Post »desertkid
Posted on May 26, 2011 at 12:03pmThis is good news. SB1070 chased over 100,000 illegals out of Arizona and now this will send a whole lot more packing. We’ll have to put up fliers on how to get to San Fransico. Head west until you smell it then then go north until you step in it. Can’t wait to see how many other states introduce this law.
Report Post »beekeeper
Posted on May 26, 2011 at 12:04pmI can’t wait for all my liberal/left-leaning friends to try and pin this example of common sense on Gov. Brewer, failing to realize that Janet Napalitano signed it into law.
The dissenters were concerned about improper application of the law, based on ‘hints’ a prospective employee might not be legal. The best way to prevent that is for the Federal Government to provide a fool-proof way to confirm a person’s legal status, and protect the employer with immunity from prosecution if the federal database is in error.
Interesting that some of the Supremes failed to understand Congress deferred to the states for enforcement…
Report Post »Susan Harkins
Posted on May 26, 2011 at 12:27pm“The Supreme Court has sustained Arizona’s law that penalizes businesses for hiring workers who are in the United States illegally.”
Dont be fooled by this BS.
The Supreme Court only agreed to it because of a single magic word…“illegally”.
Obozo and company want to get a bill through that will make all the “illegals” “legal” by simply having them sign a form to confess that they are, and take a mandatory elementary English test (in Spanish of course).
Its all show.
Report Post »GhostOfJefferson
Posted on May 26, 2011 at 12:33pmSo….
We’ll kick out the ones who actually want to work to support themselves. On the other hand, nothing said about getting rid of the actual malcontent criminals/gangs nor the social welfare leeches. Or did I miss something?
Report Post »Enuff Zenuff
Posted on May 26, 2011 at 12:38pm.
WOW! “sooner12” NAILED IT when he/she posted above (May 26, 2011 at 11:23am)
“falls well within the confines of the authority Congress chose to leave to the states.”
Even the Supreme Court mis-spoke while getting the decision correct… It was the STATES who granted the Federal Congress a portion of their powers… and NOT that Congress chose to allow states some of Congress’s power.
IMHO that is the key to solving most of our Federal big-gov’t problems – for the states to reclaim their autonomy and take back control over the powers that Congress has been usurping for far too long. We’ll never be able to elect enough honest politicians to Washington to do the right thing, so the states must reclaim their sovereignty and limit the Congress to only those powers that were originally granted in the constitution.
Report Post »TomFerrari
Posted on May 26, 2011 at 12:45pmThe court found this “falls well within the confines of the authority Congress chose to leave to the states.”
What the?????
CONGRESS GETS TO CHOOSE WHAT IS LEFT TO THE STATES????
The supreme court is out of control!!!
IT IS THE STATES WHO DECIDE WHAT IS LEFT TO CONGRESS!!!
Have they even HEARD OF the TENTH AMMENDMENT??? It is clear they don‘t give a rat’s butt about the Constitution, and that the supreme court has become little more to the Libs than a third legislative branch. And their in FOR LIFE!!!
I don’t have a solution yet, but I DEFINITELY see a problem!!!
Anyone have any ideas for a solution???
Report Post »smithclar3nc3
Posted on May 26, 2011 at 1:02pmWe need a Constitutional amendment that allows Supreme Court Justices to be removed if their actions clearly show a biase toward the actual law. And the three Justices that desented did exactly that they voted against punishing employees who knowingly harbor and support FELON.
Report Post »Bum thrower
Posted on May 26, 2011 at 1:07pmYea, but it‘s pretty obvuious that the Dems want ’open borders’; anyone can vote; come here for the ‘freebees’ type of country. Need to clean out the whole nest of rats in 2012!!! every last one of them.
Report Post »Snowleopard {gallery of cat folks}
Posted on May 26, 2011 at 1:20pmThe 9th circut court in L.A. acutally upheld this law of my state? Incredible! And thank God for a true Supreme Court in service to the country.
Report Post »drphil69
Posted on May 26, 2011 at 2:08pmAnyone ready for THUNDERDOME??
Just bought another 2000 rounds… how much ammo is enough??
Report Post »avenger
Posted on May 26, 2011 at 3:48pmabout time these pompous aholes got it right !
Report Post »Jaycen
Posted on May 26, 2011 at 4:25pm@SOONER12
I noticed that, too. Congress doesn’t get to leave any thing to the states. The Constitution says it’s the other way around. Repel the 17th ammendment and give the states back their congressional oversight.
Report Post »concealled9mms
Posted on May 26, 2011 at 4:46pmthe flow of illegals will stop if the law is stricly enforced
Report Post »Dont-hate-on-me-2
Posted on May 26, 2011 at 5:04pmIf i didnt have a bad back id jump for joy. Now lets get the rest of it done
Report Post »banjarmon
Posted on May 26, 2011 at 8:27pm@DNoyce
Well stated…Stop the ones that want to work…let the ones that want the free stuff stay.
WRONG…STOP ALL of THEM!!!!
Report Post »MIBUGNU2
Posted on May 26, 2011 at 10:28pmVote for SB1070 and LaRaza, Wilcox and the rest of these
Creeps are outa here !!! Let Sheriff Joe and Babeu do their Jobs
Maybe Jan could light a fire under Dupnik (Do your Job)..
Report Post »Mikeyyy
Posted on May 27, 2011 at 3:03amNo jobs, no come here <—- couched in the language of an illegal immigrant. cute.
Report Post »