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BY VICTORIA CRAIG
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The fight over illegal immigration has made it all the way to the top. On Monday the Supreme Court agreed to hear arguments on the constitutionality of Arizona’s controversial immigration law. Tuscon’s KMSB has the details.
“Well, the crux of this case is now, can the state law preempt a federal law? Federal government argues it’s their job to enforce immigration. Arizona is arguing the feds aren’t doing enough.”
The Ninth Circuit Court of Appeals struck down SB1070--and since then Arizona has been pushing for the Supreme Court to take on the case. The Hill explains what exactly is at stake.
“Arizona asked the court to allow the state to enforce … provisions that would enable police officers to question a person's immigration status...The law would also make it a crime to not carry proof of legal immigration status, make it against state law for an illegal immigrant to seek employment, and allow police to detain those suspected of being illegal immigrants without a warrant.”
But Arizona isn’t alone in the battle over immigration. Bloomberg explains how other states are supporting the Grand Canyon state.
“As with health care, the case is a test of federalism, pitting the federal government against a collection of states. Arizona has support at the high court from 11 other states, including Alabama, which is defending its own illegal- immigration crackdown against an Obama administration lawsuit.”
So, which way will the nation’s highest court lean? One attorney tells Fox News, while he doesn’t support the Obama administration’s stance on immigration, it’s pretty obvious how the court will rule on this case.
“From article one, section eight of the US Constitution, to two hundred some odd years of precedent, issues concerning immigration to the United States naturalization have always been strictly within the realm of the federal government...I don’t think allowing the states to usurp the power of the federal government serves any purpose, other than perhaps motivating the Obama administration to actually do something.”
The Supreme Court’s ruling has the potential to make a big splash in next year’s election. As Politico reports, President Obama asked the nation’s highest court NOT to hear the case … the outlet explains how that could help -- or hurt him in 2012.
“The new high-profile platform for the continuing legal fight over immigration-related state laws has the potential to inflame the issue in the 2012 presidential campaign — a development which could benefit President Barack Obama with Latinos, but could hurt his standing with swing voters who are broadly supportive of such laws.”
The Supreme Court is expected to hear arguments on Arizona’s law starting in April, and reach a decision by July -- the same time frame it hopes to rule on the president’s health care law.