Monday, December 6, 2010
On Wednesday, the Supreme Court will hear oral argument in the case of Chamber of Commerce v. Whiting. For SCOTUS blog materials on the case, click here.
Here is the issue in that case in a nutshell from the SCOTUS blog:
"An Arizona law requires state employers to check the immigration status of job applicants through a federal computer database, although the federal law creating the database makes its use voluntary. Arizona also revokes the business license of state companies that hire undocumented workers. Are these provisions pre-empted by federal immigration laws?"
Justice Kagan, who was involved in the case as Solicitor General, previously recused herself in the case. The L.A. Times' David Savage opines that Kagan's absence may ultimately affect the decision in the case. In turn, the decision in Chamber of Commerce v. Whiting may affect the judicial fate of the Arizona's subsequent SB 1070 as well as the many other state and local attempts at immigration regulation.