The argument is just finishing. Most of the time was spent on the provisions permitting the state to inquire about immigration status. Those provisions are likely to be upheld because the federal government can always decline to enforce immigration laws even if they learn about someone with an illegal status. The Court may be unanimous on that question.

Very little time was spent on the provisions making it a state crime to violate your federal immigration status. But I think there will be at least were at least four votes to strike those provisions down (at least the failure to register), meaning the Ninth Circuit’s decision will be upheld in that respect. The Court is also likely to leave open the question whether as applied challenges can be brought against all the provisions of the statute.

Posted in Everything Else

Recommended Citation: Tom Goldstein, Arizona – first argument report, SCOTUSblog (Apr. 25, 2012, 11:30 AM), http://www.scotusblog.com/2012/04/arizona-first-argument-report/