Supreme Court Casts Doubt on Obama’s Immigration Law Claim

Stephen Dinan, Washington Times, April 25, 2012

Supreme Court justices took a dim view of the Obama administration’s claim that it can stop Arizona from enforcing immigration laws, telling government lawyers during oral argument Wednesday that the state appears to want to push federal officials, not conflict with them.

The court was hearing arguments on Arizona’s immigration crackdown law, which requires police to check the immigration status of those they suspect are in the country illegally, and would also write new state penalties for illegal immigrants who try to apply for jobs.


“It seems to me the federal government just doesn’t want to know who’s here illegally,” Chief Justice John G. Roberts Jr. said at one point.


Solicitor General Donald B. Verrilli Jr. said the federal government has limited resources and should have the right to determine the extent of calls it gets about possible illegal immigrants.

“These decisions have to be made at the national level,” he said.

But even Democratic-appointed justices were uncertain of that.

“I’m terribly confused by your answer,” said Justice Sonia Sotomayor, who went on to say that the federal government can always decline to pick up illegal immigrants when Arizona officials call.

The Obama administration was on its firmest ground when it argued Arizona should not be allowed to impose state penalties such as jail time against illegal immigrants who try to seek jobs.

Federal law chiefly targets employers, not employees, and Mr. Verrilli said adding stiffer penalties at the state level is not coordination. {snip}


A decision is expected before the end of the court’s term this summer.


Mr. Verrilli said Arizona’s goal is to try to force the federal government to change its priorities, but he said those policies are designed at the national level in order to balance concerns over available resources and international relations.

“What [Arizona is] going to do is engage effectively in mass incarceration,” he said. “It poses a very serious risk of raising serious foreign relations problems.”

Some of the justices, including Justice Samuel A. Alito Jr., seemed concerned that allowing police to perform immigration checks could end up leading citizens being held even longer during stops by police.


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  • There’s going to be a big media meme blaming Verrilli and his “incompetence” for what will probably be double defeats for Obama with ObamaCare and SB 1070 with the Supreme Court.  The reality is that not even the best lawyer on Earth can defend the indefensible.

    • Hunter Morrow

      Or, said directly yet still euphemistically…

      You can’t make chicken salad out of chicken…feed.

  • Hirschibold

    For those of you who may wish to one day work for either the Huffington Post, the New York Times, or most mainstream media outfits, allow me to show you the most important definition to be sprinkled liberally (pun intended) throughout anything you right.

    Controversial (adj)- Anything favored by the majority of Americans, anything that does not sit well with the reality fugitive, Ivory-Tower eggheads who set policy and the parameters of acceptable discourse in modern American society.

    Example: The immigration bill, which promises to deport illegals and has the support of 65% of Americans, remains controversial.

    • diversity_is_a_hate_crime

      It’s controversial because most folks hurt by it are non white, and most Whites want it. The worst transgression imaginable, the foulest, most vile evil on the plant, is Whites who don’t want enrichment from immigrant Diversity.

      White self-assertion is a hate crime, much like if Germans were to say today “Germany for German Gentiles only”.

      Jonathan Bowden has it nailed. Any fans out there? Any Counter Currents Publishing regulars?

    • The__Bobster

      BBC News America just had a report on this story. Naturally they distorted the details of the law and used the c-word.

    •  Sotomayor IS A Hispanic racist who will do whatever it takes to brown down America enough so that by the time she retires to a mansion the populace will demand NINE hispanic justices.

    • jackellis

      Agreed. “Controversial” is a code word for something the Lib/Min BRA/MSM is against (anything remotely pro White). Also, the next step is to say something like:

      “But CRITICS SAY that the law is unnecessary, harmful, it violates the basic concepts of freedom and liberty that are the basis of American history”.

      The supposed expert “Critics” are never named – it’s just the opinion of the PC Lib/Min media person like NPR’s Nina Tottenberg (is she still around?). Nina Tottenberg did this all the time.

  • holyflower

    Perspective/Harbinger? as to how the Supreme Court will rule on SB 1070: How the same judges ruled last May on an Arizona law which revokes the business licences of employers who knowingly hire illegal aliens:

    Supreme Court upholds Ariz. law punishing companies that hire illegal immigrants
    By Robert Barnes
    May 26, 2011
    Washington Post

    Arizona, the state at the forefront of efforts to crack down on illegal immigration, may revoke the business licenses of companies that knowingly employ undocumented workers, the Supreme Court ruled Thursday.

    In a 5 to 3 vote, the court rejected arguments that control over illegal immigration is solely a federal responsibility and endorsed narrowly drawn state efforts to regulate the employment of those in the country illegally. Eight other states — Colorado, Mississippi, Missouri, Pennsylvania, South Carolina, Tennessee, Virginia and West Virginia — have passed similar laws that would punish companies for hiring undocumented workers. CONTINUED AT LINK

    COMMENT: All five judges supporting the Arizona law were appointed by Republican presidents.  All three judges voting to strike down the Arizona law were appointed by Democratic presidents.

  • MikeofAges

    Interesting legal theory. A state can collect and forward information
    about a federal law violation only if the federal government gives
    advance permission? Last time around the federal government wanted the
    states to be required to enforce federal law. Got real mad when the
    state of New York didn’t want to enforce prohibition. Gosh, which one is
    it? I’m seriously con-flabbergasted.

  • diversity_is_a_hate_crime

    That’s refreshing, given the SCOTUS we have, but what about the future? We all know that his election will tip to Obama on the strength of fraud votes, and then he can replace Gingsburg and Kennedy with Latinos, another Latino, and 2016 will give a permanent Dem. victory. Demographic are our destiny, and not just financially, but governmental and civic, up and down the line. Everything changes from here on out, and nothing will work because once something falls apart, nobody will fix it for fear of showing to much achievement that hurts some minority’s feelings. When you kill White privilege, you kill civilization.

    We are in the death throes of the Republic. Any victories we get now are just last gasps that will motivate our enemies all the more. This is an unfolding nightmare, and we never get to wake up.

    Our fire bell in the night has been ringing so long, we no longer hear it.

    • I missed your post the other day, I’m sorry.  I responded but added nothing for you wrote everything I feel too.  (DOJ Article)

      White People, the True Ones, ONLY the True Ones, need to get together and by this I mean, “We” help only “We”.  That’s right, Americans for Americans.  I don’t mean to offend anyone but if they’re an asian lover or one that wants to make exceptions, I’m sorry.  Exceptions always come with Privilege and I’m all privileged out.

      Look to the latest asian demand from the asian “lawyers” in Canada and how they must now be Judges because, My God, there aren’t enough of their own kind aka asians, looking back at them.

      No, I do not like nor accept asians.  “Intelligence”?  Where?  All I see are Demands and Expectations and I call that first, nothing but an all out Assault and Take-Over of The White Peoples and second, Evil Manipulation.  Which, in my opinion, is all they’ve ever been good at.

      Fire Bell – No, that will only Ring when it Rings in their or their Children’s Bedroom.

  • ageofknowledge

    The sole Hispanic justice appeared to be siding with her race rather than stopping illegal immigration into the U.S. in my opinion.

    • I sure hope that doesn’t surprise you.  I myself have yet to see any hispanic side with anyone outside their own race.  Actually, that goes for virtually everybody except White People.

      Even Mixy’s side with their non-white side.  It’s that bad.  Or, they want to be with us but include others who more closely resemble them.

  • “It seems to me the federal government just doesn’t want to know who’s here illegally,” Chief Justice John G. Roberts Jr. said at one point.”
    It’s one thing to practice ‘acceptable language’ but quite another when you have a fire proof job.

    Roberts should have said, ‘given how the Illegal Alien Population has done nothing but increase, it has been Proven that the Federal Government chooses to ignore the Law rather than to enforce it.’

  • Kurt Plummer

    …and international relations.
    “What [Arizona is] going to do is engage effectively in mass incarceration,” he said. “It poses a very serious risk of raising serious foreign relations problems.”

    The fix is in.  There is a concerted effort to bring everyone up to the same globalist level of money in as work product out co-dependency and ‘to hell with the rich whites who had it first!’.

    What people don’t seem to understand is that Mexico _will_ become a part of an NAU.  Either by imploding through some farce of a ‘must intervene’ terrorist plot.  Or by rising to a point where their debt rating can be less anulled than combined with the U.S. so that -entire hemispheres- can stand up, together, to become part of some kind of warped socialist-corporate collective.

    NOTHING will be allowed to get in the way of that.  They will just stage manage tools like Mz.-

    “I’m terribly confused by your answer,” said Justice Sonia Sotomayor,

    To make it look fair and balanced before the foregone conclusion is reached anyway.

    And here is why it cannot work and should not be allowed to.

    Race is class is a genes is culture.

    Some races have outright lost the evolutionary marathon and will remain in a social psychology backwater.  We woudl call them missing links but that nobody wants to remove them from Africa to enjoy it’s spoils, exclusively.

    Others will ‘hover’, somewhere between true social psychology of evolutionary purpose and a kind of ‘looks like a duck but doesn’t fly, swim or quack.’ status.  Which includes most of SWA, India and China.  Largely because they have had money flung at them to the point where they can do a good drag routine while still remaining insular and without cultural identity of greatness _of purpose_ in living.

    Other’s like Mexico and Argentina, may achieve an inbetween state.  Having created caste systems wherein a ‘color contninuum’, supported by a constant influx of pretty white women for the upper classes and a high awareness of the advantages of lightened skin tones (as white genetic saturation) brings to SES and general happiness in the middle class.

    Then there are places like Israel which deems itself the homeland of ‘The Chosen’ as an elect people who have more insight than any other into what it’s all about.  But who were so ravaged by losses in WWII that they can no longer compete nor control so much as sabotage Western Culture through Universalism and an flawed emphasis upon international corporate controls through the UN.

    But ONLY among whites is there both a base population and a high social, moral and educational potential to make the leap to the next level.

    And we are allowing ourselves to be baited and humiliated into believing we don’t deserve to, ‘because not everyone else is ready’.  Forget that.  We are not advocating extinction for the other families of mankind.

    But we SHOULD be acknowledging that to be of one origin is not necessarily to be on the same arc.  Some evolutionary trajectories will peak lower.  Some will burn out (Native Americans and Inuit come to mind).  Some _have the potential_ to reboost their internal genetic purpose towards the next stage of ascent.  And break orbit to a higher level.

    And that ability is associable to skin color.  Because the environment that made us who we are, physiologically, also set the social (group altruism = group achievement) and evolutionary (balanced ethics and conceptuals which the Jews do not have) and POPULATION level (internal genetic variation to avoid bottlenecks) precursors to achieve, just that.

    And we are screwing up.  By not acknowledging that inherit-the-wind potential.  And running with it, as hard and fast as we can.  With genetics.  With robotics.  With the _next step_ beyond the current system of capitalist enslavement to making everyone equally gutless consumers.

  • Frank

    Isn’t it amazing how the government has “limited resources” when it does not want to do something, but can find money for the president’s 4 million  dollar vacation?

  • Mr. Verrilli said Arizona’s goal is to try to force the federal
    government to change its priorities, but he said those policies are
    designed at the national level in order to balance concerns over
    available resources and international relations.

    This is the kind of thing that gets lawyers their reputation as professional liars.

    The feds want sole power to (not) police our borders.  Their stance goes far beyond simply having priorities, otherwise.