Thursday, August 4, 2011

Third Circuit Vacates its Decision in Hazleton Case

The Third Circuit Court of Appeals has vacated its decision that had declared Hazleton, Pennsylvania's anti-immigrant ordinance unconstitutional. After the Supreme Court upheld Arizona's employer sanction law in Chamber of Commerce v. Whiting a few months ago, the Court ordered the Third Circuit to review its decision in the Hazleton case. Although the Third Circuit will likely ask for new briefing and oral argument in the case, I predict that the Third Circuit will once again rule that Hazleton's ordinance relating to to such matters as renting to undocumented immigrants is unconstitutional on the grounds of preemption. Hazleton's efforts are clear attempts to regulate immigration which is the job of Congress.


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