Government

Supreme Court to Hear AZ Immigration Case — But Kagan Recuses Herself

Kagan Recuses Herself From Arizona Immigration Case

Elena Kagan (L) and President Obama.

WASHINGTON (AP) — The Supreme Court agreed Monday to rule on Arizona’s controversial law targeting illegal immigrants, setting the stage for an election-year decision on an issue that is already shaping presidential politics.

The justices said they will review a federal appeals court ruling that blocked several tough provisions in the Arizona law. One of those requires that police, while enforcing other laws, question a person’s immigration status if officers suspect he is in the country illegally.

The Obama administration challenged the Arizona law by arguing that regulating immigration is the job of the federal government, not states. Similar laws in Alabama, South Carolina and Utah also are facing administration lawsuits. Private groups are suing over immigration measures adopted in Georgia and Indiana.

The court now has three politically charged cases on its election-year calendar. The other two are President Barack Obama‘s health care overhaul and new electoral maps for Texas’ legislature and congressional delegation.

Justice Elena Kagan will not take part in the Arizona case, presumably because of her work on the issue when she served in the Justice Department.

Arguments probably will take place in late April, which would give the court roughly two months to decide the case.

Some 12 million illegal immigrants are believed to live in the United States, and the issue already is becoming a factor in the 2012 campaign. Republican Sen. John McCain said recently that large Hispanic populations in his home state of Arizona and elsewhere are listening carefully to what Republican candidates have to say on immigration.

The immigration case before the Supreme Court stems from the Obama administration’s furious legal fight against a patchwork of state laws targeting illegal immigrants.

Arizona wants the justices to allow the state to begin enforcing measures that have been blocked by lower courts at the administration’s request.

The state says that the federal government isn’t doing enough to address illegal immigration and that border states are suffering disproportionately.

In urging the court to hear the immigration case, Arizona says the administration’s contention that states “are powerless to use their own resources to enforce federal immigration standards without the express blessing of the federal executive goes to the heart of our nation’s system of dual sovereignty and cooperative federalism.”

Many other state and local governments have taken steps aimed at reducing the effects of illegal immigration, the state says.

But the administration argues that the various legal challenges making their way through the system provide a reason to wait and see how other courts rule.

Gov. Jan Brewer signed the immigration measure, S.B. 1070, into law in April 2010. The administration sued in July to block the law from taking effect.

In April, a three-judge panel of the 9th Circuit U.S. Court of Appeals in San Francisco upheld a federal judge’s ruling halting enforcement of several provisions of the Arizona law. Among the blocked provisions: requiring all immigrants to obtain or carry immigration registration papers; making it a state criminal offense for an illegal immigrant to seek work or hold a job; and allowing police to arrest suspected illegal immigrants without a warrant.

In October, the federal appeals court in Atlanta blocked parts of the Alabama law that forced public schools to check the immigration status of students and allowed police to file criminal charges against people who are unable to prove their citizenship.

Lawsuits in South Carolina and Utah are not as far along.

The case is Arizona v. U.S., 11-182.

Comments (90)

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  • The next to last american president
    Posted on December 12, 2011 at 12:39pm

    Truthfully Friends, the country is alomst over. You better listent to Glenn and buy gold, silve, guns, ammo, survival food, water, Liberty safes, farm land, bunkers etc

    Report Post »  
    • SoiledDove
      Posted on December 12, 2011 at 12:45pm

      Hahahahahaha. Do you know why Glenn Beck advocates the purchase of all those things? Because he gets PAID to advertise those things. Do you honestly believe Glenn Beck cares what he is selling you? If so, I just feel sorry for you.

      Report Post »  
    • The next to last american president
      Posted on December 12, 2011 at 12:55pm

      soileddove – whether money is paid from the sponsor is not material. One should prepare for the future, one that evil liberal Demorats have soiled forever

      Report Post »  
    • DrFrost
      Posted on December 12, 2011 at 1:40pm

      People generally assume others to be as virtuous as themselves. Soiled is likely the type of person who, if he had a network of his own, wouldn’t care about what he sold his listeners. So he assumes Glenn Beck doesn’t care. And anyone who thinks differently, in Soiled’s opinion, is being foolishly naive. People who behave this way often blame the vitctims: blame the game not the player.

      Glenn might be right and he might be wrong. But Soiled doesn’t address that. He bypasses that issue and goes straight to attacking Glenn’s character. This behavior does nothing to enlighten anyone about the issues at hand but it tells you everything you need to know about soileddove.

      Report Post »  
    • Lateris
      Posted on December 12, 2011 at 1:51pm

      I mean this with the utmost respect. New agenda. The country is not over. We the people must run for office. Giving up is not American. Get involved in politics and educate yourself.I have decided to go back to school to be a farmer and work on politics at age 42. Never give up.

      Report Post »  
    • ozchambers
      Posted on December 12, 2011 at 2:07pm

      He has been advocating preparation for years. He’s a mormon and they take preparation very seriously, so I bet he’s been at it for years. The sponsors come to him BECAUSE he promotes being prepared, not the other way around. Proof? He has asked his listeners to store, water, guns, ammo and shoes in addition to the gold and food. If he only promotes his sponsors, where are the sponsors for THOSE things?

      Report Post » ozchambers  
    • Robert-CA
      Posted on December 12, 2011 at 2:52pm

      off topic .

      Report Post » Robert-CA  
    • last frontier
      Posted on December 12, 2011 at 2:56pm

      The Democrats were fuggin geniuses to appoint someone who cant sit on any of the large issues we face today. I’m not complaining it just shows how truly stupid the Demorats are some {most} times.

      Report Post » last frontier  
    • korbin
      Posted on December 12, 2011 at 4:16pm

      It’s called capitalism, he gets paid who cares? you can‘t’t make up your own mind on the issues of today? and where this country is headed. It’s like believing in Christ, if you do great if you don’t ok thats free will, but if you are wrong against Christ then root in hell I guess. I for one trust no one, Especially our government. If you choose to cover your eyes that is up to you. I am preparing and have been for along time. i appreciate Glen Becks information as I then research and make my own mind up. I am not a sheep. No one can tell me to buy anything I don’t want to. I wish I could sell some of my properties in this commufornia so i would have the cash to make a bunker and buy a liberty safe. outside those two issues I feel good knowing I have done all I can do to assist my one year old daughter in maintaining her liberties and a future at least as good as mine. I have made a video explaining my positions in life and what I see is the right thing to do, in the end when I die if she is still around at least she will know i loved her enough to fight as hard as one man can to prepare and to shout out to all who will listen that we need to stand firm in our beliefs and follow our US Constitution.

      Report Post »  
    • korbin
      Posted on December 12, 2011 at 4:22pm

      @soileddove. It’s called capitalism, he gets paid who cares? you can‘t’t make up your own mind on the issues of today? and where this country is headed. It’s like believing in Christ, if you do great if you don’t ok thats free will, but if you are wrong against Christ then root in hell I guess. I for one trust no one, Especially our government. If you choose to cover your eyes that is up to you. I am preparing and have been for along time. i appreciate Glen Becks information as I then research and make my own mind up. I am not a sheep. No one can tell me to buy anything I don’t want to. I wish I could sell some of my properties in this commufornia so i would have the cash to make a bunker and buy a liberty safe. outside those two issues I feel good knowing I have done all I can do to assist my one year old daughter in maintaining her liberties and a future at least as good as mine. I have made a video explaining my positions in life and what I see is the right thing to do, in the end when I die if she is still around at least she will know i loved her enough to fight as hard as one man can to prepare and to shout out to all who will listen that we need to stand firm in our beliefs and follow our US Constitution.

      Report Post »

      Report Post »  
    • dollyg55
      Posted on December 12, 2011 at 5:06pm

      But then you will be considered a terrorist!!

      Report Post »  
    • mcdonnal
      Posted on December 12, 2011 at 7:28pm

      Gird you loins and pass the ammunition. The time is coming when you may have to defend your homes and families, not only from illegal immigrants but unions thugs, marxists, occupy whatevers and varied and sundry liberals, socialists and others who feel that they are not getting their fair share of whatever others have worked for.

      Report Post » mcdonnal  
  • Snowleopard {gallery of cat folks}
    Posted on December 12, 2011 at 12:37pm

    So Justice Kagan recused herself? Interesting indeed, which most likely means that Obama will just go around the courts yet again if they decide in our favor here in AZ.

    Report Post » Snowleopard {gallery of cat folks}  
    • Bloody Sam
      Posted on December 12, 2011 at 1:41pm

      She really should recuse herself from the ObamaCare case but that won’t happen.
      She did work for Justice on that case too but she refuses to step aside.

      Report Post » Bloody Sam  
    • Liberty7
      Posted on December 12, 2011 at 3:42pm

      By recusing herself, Kagan has now, I think, made it extremely difficult for her to NOT recuse herself on the ObamaCare case before the court – especially in light of the email trail that is out there. But, I don’t think she is going to recuse herself because socialized medicine is one of the sacraments of the Democrat Party along with abortion on demand.

      Report Post »  
    • Oldphoto678
      Posted on December 12, 2011 at 5:22pm

      Oh it’s way more than interesting. It’s genius! Now it’s all but written in stone the there will be a 4-4 split, which will prevent the law from ever taking effect. Pretty sure this is going to be a big “Fail” for your side.

      Report Post »  
    • Mtroom
      Posted on December 13, 2011 at 2:06am

      This administration is just bringing in more tax payers money, nothing more..Why is California deciding on a law that the whole state denounced?…How was San Fransisco chosen to rule over this when they where so outspoken against it? Gimme a break, we have attorney‘s under Holder make’n bank off of this crap…They are going to out fund Arizona, and when it’s all over Arizona will be a new dependent because of the money wasted to fight nothing….It’s all in the money…I‘m tellin’ ya.

      Report Post » Mtroom  
    • DADA
      Posted on December 13, 2011 at 2:49am

      “Oh it’s way more than interesting. It’s genius! Now it’s all but written in stone the there will be a 4-4 split, which will prevent the law from ever taking effect. Pretty sure this is going to be a big “Fail” for your side.”

      I don’t see that. I see the court as being 5-4 with her not recusing herself. It will probably be a 5-3 decision in favor of AZ.

      Report Post » DADA  
  • The next to last american president
    Posted on December 12, 2011 at 12:36pm

    Absolute Evil in the White House. Obama was “Fast” to kill Mexican, “Furious” when he was caught.

    Notes from a fictitious meeting?

    Barack – I’m dropping in the polls. The people see through me!
    Holder – What can I do?
    barack – Create a diversion and make good use of it. Sell guns to Narco Terrorist in Arizona that will kill many Mexicans. We’ll fix Gov Brewer!
    Holder – Blame the guns on gun shows in our country.
    Barack – Then we can take all their guns and rule forever
    Holder – then no one could stand against our Brotherhood
    Obama – Praise be to allah!

     
  • lowermytaxes
    Posted on December 12, 2011 at 12:31pm

    WELL NOW, there ya go. It is just a smoke screen.

    TEA

    Report Post »  
  • Raging Goose
    Posted on December 12, 2011 at 12:26pm

    One would think Kagan has no choice but to recuse herself when the POS that is Obama-care hits the fan blades. They have many emails from and to her that should make it a no-brainer but we all know how the left is and I’m sure they will try to find a way for her to be involved.

    Report Post » Raging Goose  
    • LibsFIB
      Posted on December 12, 2011 at 1:31pm

      I hope she gets used to recusing herself from alot of things. She has all the honor of a dung beetle if she doesn’t. Just another one of obama’s Seeds of Evil. LibsFIB!

      Report Post » LibsFIB  
  • blazingaway
    Posted on December 12, 2011 at 12:22pm

    Kagen already knows her decision won’t matter so keeping herself away from this issue only helps to keep her clean as the pure white driven snow.

    She will do this with President Barack Obama‘s health care overhaul only if the other justices are likely to rule overwhelmingly against her position … but, if she is the deciding justice she will be there.

    Report Post » blazingaway  
    • lthm
      Posted on December 12, 2011 at 1:33pm

      Exactly right, blazingaway.

      Report Post »  
  • COFemale
    Posted on December 12, 2011 at 12:20pm

    Perhaps we should stop showing ID, except when a policeman request it. Let’s not tempt fate.

    If I order a beer or other drink at a restaurant and they ask for Id, I will refuse. Hell, I am 60 years old and if the server can’t determine I am over 21, they have no business working in the restaurant. Let’s start demanding equal treatment. Hispanics and others don’t have to show ID, then neither do I.

    Report Post » COFemale  
  • Detroit paperboy
    Posted on December 12, 2011 at 12:16pm

    12 million illegals… Try 40 million !

    Report Post »  
    • cher128
      Posted on December 12, 2011 at 4:37pm

      40 million illegals in the U.S.?
      Ha!
      There are at least 40 million in my lovely state of New Jersey that the 5 or 6 taxpayers that are left to pay for their free services.

      Report Post » cher128  
  • Detroit paperboy
    Posted on December 12, 2011 at 12:13pm

    I think she should also recuse herself from any cases regarding gay marriage, for obvious reasons….

    Report Post »  
    • LibsFIB
      Posted on December 12, 2011 at 1:35pm

      Ha HA! Nailed it! She is definitley the man in the relationship!

      Report Post » LibsFIB  
  • opusofid
    Posted on December 12, 2011 at 12:09pm

    Well she recused her self from something that went it to law in April of 2010 seems she needs to do the same considering the healthcare bill was done in Mar 2010 if she was to involved in April surely she was to involved in March,

    Just Saying

    Alan

    Report Post »  
  • ltb
    Posted on December 12, 2011 at 12:04pm

    “Supreme Court to Hear AZ Immigration Case — But Kagan Recuses Herself”

    —–

    A Liberal with integrity? I am amazed and grateful.

    Report Post » ltb  
  • fatjack
    Posted on December 12, 2011 at 12:01pm

    “Some 12 million illegal immigrants are believed to live in the United States”

    Bull, it had to be a minimum of 25-35 million.

    Report Post » fatjack  
  • RightThinking1
    Posted on December 12, 2011 at 12:01pm

    This is a set-up. When the Obamacare issue comes up, the media will say “Justice Kagan has a history of reccusal where appropriate. Since she is not reccusing herself from this case, then she has searched her conscience, and finds herself free from bias.”

    Report Post »  
  • Drum Man
    Posted on December 12, 2011 at 12:01pm

    I have to show my ID to cops, banks, airlines, rental car agencies, liquor stores, etc… yet the illegals want a pass on this, claiming racism and or profiling??? I pray that my state of Arizona wins this “common sense” approach, but I’m not holding my breath.

    Report Post » Drum Man  
    • Detroit paperboy
      Posted on December 12, 2011 at 12:09pm

      The federal govt. Has become the enemy of the people, they no longer look out for our best interests, like any beauracracy they now look out only for their interests, im not sure they would or could defend us if we were being invaded militarily…. Especially if a communist nation was invading us, this seems like a bad dream…..

      Report Post »  
  • A Conservatarian
    Posted on December 12, 2011 at 12:00pm

    She best recuse herself when Obama-care gets in front of the bench :-|

    Report Post » A Conservatarian  
  • checkit
    Posted on December 12, 2011 at 12:00pm

    Thank God! Get this matter Resolved, and Kagan? she shouldn’t even be a Supreme Court Justice she has no Experience, she should Excuse her self from all matters on the court except maybe matters that deal with…? gee Can’t think of any experience she has had…?
    Was she a School Teacher? Most liberals are… can’t remember? Maybe she can handle the… hmmm … thinking thinking… Man I really can’t think of any experience she has, but then again I have no real knowledge of her legal field… OH OH OH Maybe like an ACLU issue..?
    Extremely shocked she excused herself on the immigration issue, but she most likely had to.. since she argued it for the obama administration…

    BUT bottom line WOOOHOOO !This WILL PASS in the Supreme Court! Common sense tells you that much!

    Report Post » checkit  
  • SmallGovBigGuns
    Posted on December 12, 2011 at 11:54am

    i really hope the states win. less centralized control will make worlds of difference

    Report Post »  
  • marjorie faye
    Posted on December 12, 2011 at 11:54am

    Kagan recuses herself from this as a ploy to avoid recusing herself from the Obamacare case. When Obamacare comes up, she can say, “Egad! I already recused myself from one case. Am I supposed to recuse myself from EVERYTHING?” Just watch. That’s how it will happen.

    Report Post »  
  • Anonymous T. Irrelevant
    Posted on December 12, 2011 at 11:51am

    If Conceal Carry holders have to carry a license, then immigrants can carry immigration ID. No difference at all.

    Report Post » Anonymous T. Irrelevant  
  • Anonymous T. Irrelevant
    Posted on December 12, 2011 at 11:47am

    Now let her recuse herself from the Obama Healthcare case or be removed from her post.

    Report Post » Anonymous T. Irrelevant  
  • Patio_Philosophy
    Posted on December 12, 2011 at 11:44am

    I don’t think that Kagen will recuse herself from Obamacare hearings. She was put on the Supreme Court for that reason alone.

    Report Post » Patio_Philosophy  
    • Anonymous T. Irrelevant
      Posted on December 12, 2011 at 11:53am

      I agree. I think Congress should challenge her, before the Supreme Court starts it’s hearings.

      Report Post » Anonymous T. Irrelevant  
    • CatB
      Posted on December 12, 2011 at 11:58am

      Agree .. and if she refuses … impeachment starts in the House … they MUST impeach.

      Report Post »  
    • IMPEACHBHO
      Posted on December 12, 2011 at 12:30pm

      I agree. But no matter how the SC rules, it still is wrong and must be repealed!

      Report Post » IMPEACHBHO  
  • banjarmon
    Posted on December 12, 2011 at 11:40am

    I pray AZ wins!!!!

    Report Post » banjarmon  
  • enough_liberal_BS
    Posted on December 12, 2011 at 11:39am

    Arizona wants to enforce the federal laws, but the feds don’t? I wish Washington state would take the same stand. 85% of the crimes commited in my town are commited by hispanics.

    Report Post »  
  • Rational Man
    Posted on December 12, 2011 at 11:38am

    I’ll be horsewhipped! I never thought she would recuse herself !
    Maybe Arizona has a chance!

    Report Post » Rational Man  
    • AvengerK
      Posted on December 12, 2011 at 11:47am

      I’m suspicious of Kagan..I think she‘s doing this to cover herself for when she doesn’t recuse herself for the Obamacare hearings. Granted…she’s got no choice..she worked on the DOJ case against Arizona.

      Report Post »  
  • CatB
    Posted on December 12, 2011 at 11:37am

    Now Kagen MUST recuse herself from Obamacare Supreme Court Case.

    TEA!

    Report Post »  
    • I.Gaspar
      Posted on December 12, 2011 at 11:50am

      Not holding my breath….BUT…the fact she did recuse here might just mean there isat least an ounce of integrity in that horse.

      Report Post »  
    • Micmac
      Posted on December 12, 2011 at 11:53am

      She didn’t “work” on it like she did this I believe, but just expressed her pre-conceived personal beliefs, making her legal opinion prejudiced. She would never recuse herself on ObamaCare after being appointed by the annointed one. All hail J, all hail J…

      NoBama 2012
      Reboot Washington

      Report Post »  
    • marjorie faye
      Posted on December 12, 2011 at 11:56am

      Has nothing to do with integrity. It’s strategy, that’s all. Never look to Democrats for any kind of integrity. Everything they do is always about strategy.

      Report Post »  
    • CatB
      Posted on December 12, 2011 at 11:59am

      Impeachment of a Justice .. begins in the House .. they need to find some balls and do it!

      Report Post »  
    • checkit
      Posted on December 12, 2011 at 12:01pm

      Yea that is true also…

      Report Post » checkit  
    • I.Gaspar
      Posted on December 12, 2011 at 12:25pm

      @marjorie faye:
      You are right…I jumped the gun and attributed the “I” word to the dems.
      There is no integrity in their party.

      Report Post »  
    • AvengerK
      Posted on December 12, 2011 at 1:01pm

      Kagan has no integrity. She worked on the justice department case against Arizona and she‘ll use this recusing of herself as cover when she doesn’t recuse herself from the Obamacare hearings. This is a smokescreen by Kagan likely after she consulted with the Obama administration.

      Report Post »  
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