This page contains Supreme Court rulings -- with summaries of the majority and minority conclusions.
Decided May 26, 2011
Case Ruling: CHAMBER OF COMMERCE v. WHITING
The 1986 federal Immigration Reform and Control Act forbids state governments from sanctioning employers who hire "unauthorized aliens." The 2007 Legal Arizona Workers Act authorizes State courts to suspend and revoke State-issued licenses, charters, etc. for businesses that knowingly hire "unauthorized aliens." The AZ law also requires employers to use the federal E-Verify system to determine the work eligibility of all employees.HELD:Delivered by Roberts; joined by Scalia, Kennedy, Alito & ThomasThe federal law allows States to take licensing action. The word "license" includes the many forms of legal permission to perform an act, and therefore includes charters, articles of incorporation, etc. The AZ law relies only on determinations made by federal authorities of employment eligibility, and allows employers the same good faith defense as in federal law. Employers, in fact, must use the E-Verify system provided by the federal government.
DISSENT #1:Breyer dissents; joined by GinsburgThe AZ law intrudes on Congress's balancing of- immigration enforcement
- burdens on employers, and
- prevention of discrimination.
The meaning of "licensing" in the immigration law was never intended to mean every form of business permit that a State might issue, but only in regards to licensed employment agencies. Also, E-Verify is error prone and may not be relied upon.DISSENT #2:Sotomayor dissentsThis one poorly drafted clause in the federal immigration statute was only meant to allow States to take action against business licenses AFTER a successful federal government prosecution of a business for hiring an unauthorized alien. The AZ law runs contrary to the uniformity and expertise in enforcement of immigration law that Congress intended by allowing only federal officials to prosecute and rule upon civil and criminal cases.Kagan recused herself.
Participating counts on VoteMatch question 12.
Question 12: Pathway to citizenship for illegal aliens
Scores: -2=Strongly oppose; -1=Oppose; 0=neutral; 1=Support; 2=Strongly support.
- Topic: Immigration
- Headline: AZ may revoke licenses for hiring unauthorized aliens
(Score: -2)
- Headline 2: AZ law intrudes on federal immigration policy & civil rights
(Score: 2)
- Headline 3: AZ law obstructs uniformity in immigration enforcement
(Score: 1)
Participating counts on AmericansElect question 4.
- Headline: AZ may revoke licenses for hiring unauthorized aliens
(Answer: D)
- Headline 2: AZ law intrudes on federal immigration policy & civil rights
(Answer: B)
- Headline 3: AZ law obstructs uniformity in immigration enforcement
(Answer: B)
- AmericansElect Quiz Question 4 on
Immigration:
When you think about illegal immigration, which of the following solutions come closest to your opinion?
- A: All illegal immigrants should be able to stay in the US legally
- B: Most illegal immigrants should be able to stay in the US, with some exceptions
- C: Most illegal immigrants should be deported, with some exceptions
- D: All illegal immigrants should be deported
- E: Unsure
- Key for participation codes:
- Sponsorships: p=sponsored; o=co-sponsored; s=signed
- Memberships: c=chair; m=member; e=endorsed; f=profiled; s=scored
- Resolutions: i=introduced; w=wrote; a=adopted
- Cases: w=wrote; j=joined; d=dissented; c=concurred
- Surveys: '+' supports; '-' opposes.
Independents
participating in 11-WHITING |
Total recorded by OnTheIssues:
Democrats:
3
Republicans:
5
Independents:
0 |
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