Wednesday, August 1, 2012

Fifth Circuit to Hear Immigration Housing Ordinance En Banc

The Fifth Circuit has decided to hear Villas at Parkside Partners v. City of Farmers Branch Texas en banc.  Recall that the Fifth Circuit panel affirmed the district judge's conclusion finding a town ordinance unconstitutional pursuant to the Supremacy Clause, as preempted by federal law. The ordinance, reproduced as a 15 page appendix to the majority opinion, is rather detailed, but essentially requires tenants to have licenses that demonstrated their citizenship or legal status.

As we noted, the then-forthcoming holding on SB1070 in Arizona v. United States could certainly effect the preemption analysis of the ordinance of Farmers Branch, Texas.  However, the Court's opinion in Arizona v. United States would tend to support the panel opinion.

RR

http://lawprofessors.typepad.com/conlaw/2012/08/fifth-circuit-to-hear-immigration-housing-ordinance-en-banc.html

Courts and Judging, Current Affairs, Federalism, Supremacy Clause | Permalink

TrackBack URL for this entry:

http://www.typepad.com/services/trackback/6a00d8341bfae553ef017743d7048b970d

Listed below are links to weblogs that reference Fifth Circuit to Hear Immigration Housing Ordinance En Banc:

Comments

Post a comment