Supreme Court hears Oral Arguments in Arizona Immigration Case

By
Real Estate Agent with Carmody and Associates LLC

It takes a while for a dispute to reach the Supreme Court of the United States.  But the second challenge to Obama Administration policies came before the Court last week.  The first major challenge concerned the Constitutionality of the ObamaCare attempt to revise the health care insurance structure.  The second  Supreme Court confrontation is the defense of the Government's incredible decision to sue the State of Arizona to prevent SB1070 from becoming law.

SCOTUSI expect that if the Administration continues to attempt to impose policies by regulation  that they couldn't pass in Congress that we will see more Supreme Court cases in the future. 

Arizona, because of geography, is on the leading edge of illegal activity along the Mexico/US border in the American Southwest.  This activity has included aliens crossing the US border into Arizona, illegal smuggling, drug trafficking and other violent activity by Mexican drug cartels.  The US Southern land border extends along Texas, New Mexico, Arizona and California. 

Arizona citizens face trespass, theft, violent assault and monetary impacts to pay for heightened law enforcement efforts and compassionate health and social services for illegal aliens who flood into the state.  After years of asking for assistance from the Federal government to secure the borders and protect the citizens in the border areas, Arizona took steps to bring state law enforcement resources into closer alignment with the federal immigrations laws. 

The Federal government complained that the Arizona action was improper and pre-empted by Federal authority in the area of immigration policy.  The Department of Justice brought suit against The State of Arizona raising issues of Federal Supremacy and State Sovereignty under our Federal Constitution. 

JusticeAs with the ObamaCare case oral arguments  Solicitor General Donald Verrilli faced tough questioning from the Justices.  Attorney Paul Clement argued against the government in both cases.  Only eight Justices were on the bench for the Arizona arguments.  Justice Elena Kagan recused herself because she was serving as Solicitor General when the DOJ filed suit against the State of Arizona.  Aggressive questioning toward one side or another do not necessarily signal the eventual outcome of the case.  The Court has a complex process of discussion and negotiating over written opinions before the final outcome is decided.  Look for a decision in June near the end of the current Term of the Court before the results of these cases are announced. 

For additional detail of the oral arguments for Arizona v US, take a look at Liz Goodwin's post on Yahoo News <link here>

For the real enthusiasts C-Span has the 80 minute oral argument audio track with identification of which Justice is speaking for questions.  This is a fascinating display of the process of an appellate court.  Written briefs have been submitted previously by all sides and by many “Friends of the Court” Amicus briefs –  legal briefs from persons or organizations who are not a party to the case.  The oral arguments highlight the strongest arguments of each side but the Justices interrupt the attorneys with questions arising from the arguments or from the written briefs.  It takes a quick witted and articulate advocate to stay on message when they are being interrupted with questions from the top Justices in the land.  Audio file available on C-Span <link here>   Enjoy. 

 

 

 

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Groups:
The Law of the Land
Silent Majority
Blatant Politics
Tags:
liz goodwin
donald verilli
paul clement
us supreme court
ted baker
arizona v us

Comments 10 New Comment

Ambassador
1,895,871
Steve Hoffacker
New Home Sales Trainer/Coach, Sales Books Author
Hoffacker Associates LLC

Ted,

An early read says that the Court favors allowing the police to do what the law provides. :)

Steve

May 06, 2012 02:11 PM
Rainmaker
331,735
John Mosier
Prescott's Patriot REALTOR & Land Man 928 533-8142
High Country Realty - Prescott - AZ

Good post, Ted. I agree with much of what you wrote, but not with the point you made in your long comment #2 giving credit to Governor Brewer. Governor Brewer "stewed" about the decision to sign or veto SB 1070 which precipitated this conflict. She is NOT on the conservative side on much of what is happening in Arizona. She has vetoed some of the best legislation that has passed the state house and senate leading to greater freedom to Arizona Citizens and that reduce the power of public sector unions in our state.

State Senator Russell Pearce was the author of SB 1070 and has been at the forefront in taking on the Federal Government as they push Obama's Agenda. He was recently taken out of office on a recall election.

Another "unsung hero" in Arizona is Maricopa County Sheriff, Joe Arpaio. His Cold Case Posse has proven that Obama's birth documents are forgeries. He has also found a witness, a postman who delivered mail to Bill Ayres' parents, who testified that the Ayres family sponsored Obama as a student.

May 11, 2012 01:44 PM
Rainmaker
354,431
Ted Baker
MidFloridaMediation.com
Carmody and Associates LLC

John - I appreciate your local view as you are closer to events than I.  I was not aware of Senator Pearce and his local recall election.  Most of the national attention is focused on the June recall election of Governor Walker in Wisconsin.  

I have been a fan of Sheriff Arpaio.  He has been a blunt speaker of truth for a long time.

I welcome two types of dissent on my posts.  First I welcome those who disagree with me if they present a rational argument that can be discussed.  Second, and you seem to be in this group, I welcome those who agree with me but want to correct my facts.  You know I won't hear the truth from the media ! So thank you for your expertise in your local political environment.  I may learn something here, if I am not careful. 

Thanks, John for stopping by.

 

May 11, 2012 03:33 PM
Ambassador
1,895,871
Steve Hoffacker
New Home Sales Trainer/Coach, Sales Books Author
Hoffacker Associates LLC

Ted,

Congratulations. This post is now featured in "The Law Of The Land." :)

Steve

May 12, 2012 12:18 PM
Rainmaker
331,735
John Mosier
Prescott's Patriot REALTOR & Land Man 928 533-8142
High Country Realty - Prescott - AZ

Ted -- Thanks for your kind words toward me and for the wisdom of your post. I am a TEA Party organizer in Yavapai County, AZ. I have met Joe Arpaio and Russell Pearce. I know the Speaker of the AZ House and the President of the AZ Senate. both of whom come from Yavapai County. My TEA Party is organizing a GOTV effort. TEA Party coalitions, of which I participate, are doing everything we can to get true Conservatives elected to EVERY office. Republicans have a supermajority in both the state House and the Senate. However, we have enough RINOs among them that we are having trouble with all the "fixes" we Conservatives want. Gov. Brewer cannot be depended upon due to her loyalty to the unions and the education sector.

Arizona is a true battleground state. We are working to reduce the power of the public sector unions in a way similar to what is happening in Wisconsin. The stakes are quite high in Arizona, especially if there is a collapse of the government in Mexico. Can you immagine how many refugees would cross into Arizona? I think this is a part of the plan of the Obama administration.

The federal government has already conceded the part of Arizona south of Interstate-10 to illegals.

May 12, 2012 07:16 PM
Rainmaker
354,431

Ted Baker

MidFloridaMediation.com
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Additional Information

Ted Baker Carmody and Associates LLC

Blog title: Sound and Fury is from Shakespeare's Macbeth. The quote: "It is a tale told by an idiot, full of sound and fury,
signifying nothing."

Disclaimer: The opinions expressed here are my own and do not necessarily represent the views of my employer or any group with which I may be affiliated.

Twitter ID @webted2