Monday, June 25, 2012

Arizona v. United States: The debate over immigration reform is not over until its over

SCOTUSblog is running an on-line symposium on the decision in Arizona v. United StatesHere is my contribution.  The conclusion, as a teaser of sorts, reads as follows:

 "[T]he Supreme Court has cracked open the door to new state legislation, new claims of racial discrimination, and new lawsuits. States are likely to test the boundaries of Arizona v. United States with new, if not improved, immigration enforcement legislation. Litigation over the constitutionality of the laws is likely to continue. The lasting solution to the proliferation of state immigration enforcement laws, which is beyond the power of the Supreme Court, is for Congress to enact comprehensive immigration reform that has the support of the public. Perhaps the publicity over Arizona v. United States will prod Congress to act. Until it does, we can expect the status quo to continue."

Other contributors to the on-line symposium include Lyle Denniston, Peter Spiro (Temple), Lucas Guttentag (Yale), Marc Miller (Arizona), andJack Chin (UC Davis).  It does not appear to me that any of these thoughtful observers share many of Arizona Governor Jan Brewer's views about the decision. 

 

For concerns similar to those that I have expressed with the racial profiling potential of Section 2(B) of S.B. 1070, see this commentary by Judy Browne Dianis of the Advancement Project.

KJ

http://lawprofessors.typepad.com/immigration/2012/06/arizona-v-united-states-the-debate-over-immigration-reform-is-not-over-until-its-over.html

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