SCOTUS will hear the case of the United States vs. the State of Arizona.

By Judson Phillips via Tea Party Nation

English: Elena Kagan, Justice of the Supreme C...

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The United States Supreme Court will hear the case of the United States vs. the State of Arizona.  This is the case involving SB1070, Arizona’s tough immigration law.

From the Washington Times:

The Supreme Court announced Monday it will take the case of Arizona’s tough immigration crackdown law, adding yet another contentious clash between the Obama administration and the states to its docket.

The case, which has attracted national attention, pits Arizona against the Obama administration, which sued and won court orders blocking implementation of most of the law at both the district and appeals court levels. Arizona’s law spawned a host of copycat laws in other states, and most of them have likewise seen their key provisions blocked by court challenges from the administration.

At stake is Arizona’s goal of granting state and local police the power to check the immigration status of persons they encounter during their duties, such as traffic stops. Administration lawyers argue the state statutes infringe on what is federal responsibility to police the borders and set immigration policy.

In its notice, the court said Justice Elena Kagan had recused herself from the decision to take the case.

Justice Kagan has come under fire for not recusing herself from the decision to hear challenges to the new health care law.

She was Mr. Obama’s solicitor general from March 2009 up through May 2010, though she stopped taking part in cases in March 2010 so she would preserve her ability to hear them as a justice.

With Kagan gone, only eight members of the Supreme Court will hear this case.  There will be four conservative members, three liberals, and Anthony Kennedy as the swing vote.

Portions of SB1070 were initially blocked by a Federal Judge in Arizona.  Arizona appealed and the District Court judgment was upheld in a 2-1 decision by the Ninth Circuit Court of Appeals.

The good news for us is that the Ninth Circuit is the most reversed circuit in the Federal Appellate Court system.

Even if the Supremes rule in favor of Arizona, the litigation is not over.  The matter will be sent back to the District Court in Arizona one way or another.

However, since the Supreme Court agreed to hear the case, there is a fairly good chance the case will be reversed.

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