Tuesday, May 4, 2010

Justice O'Connor on Arizona Immigration Law SB 1070

Arizona may have gone a little too far. 

Immigration is the province of the federal rather than state government.

Racial profiling may be a problem.

These are the sentiments of retired Justice Sandra Day O'Connor on Arizona Immigration Law SB 1070 (our most recent discussion here).  O'Connor's remarks are reported by WSJ  and SFGate (SF Chronicle) from a Q&A today at the private high school in San Francisco from which her husband graduated. 


(photo: Sandra Day O'Connor with her husband, John O’Connor and President George W. Bush, May 2004 in the Oval Office; courtesy wikimedia)



Current Affairs, Equal Protection, Preemption, Race, Supremacy Clause | Permalink

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I am a member of the Bar, State of Virginia. Comment:
In my view the most interesting issue relating to the Ariza undocumented alien law is the one about profiling and discrimination;in particular the phrase "upon reasonable suspicion". What I am wondering is how the conduct of an Arizona police or law enforcement officer is any different than that of a federal or IMS official in the same situation and circumstance. I do not believe that the latter has been the subject of a constitutional issue. In a debate on this point, I would include a premise of setting aside the issue of federal pre-emption.

Posted by: Wayne E. Comer | May 23, 2010 3:47:18 PM