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Supremes Seem Unimpressed with Obama Immigration Law Arguments

By W. James Antle, III on 4.25.12 @ 1:32PM

By most accounts, Paul Clement bested Solicitor General Donald Verrilli in oral arguments concerning the federal health care law. It sounds like it was more of the same as Clement against crossed swords with the solicitor general in the Obama administration’s attempt to overturn Arizona’s SB 1070. The Washington Times reports:

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 Supreme Court is hearing the Obama administration’s constitutional challenge to Arizona’s attempt to crack down on illegal immigration in the state.

Al Adab| 4.25.12 @ 1:55PM

This is set to become an even bigger Constitutional issue than simply a single state law. Under Article IV Section 4 the Federal Government is delegated the power to protect the States from invasion. Brewers' predessor Janet Napolitano who is now head of Homeland security and a Dem. declared her state to be in an emergency over illegal aliens back in '05. We have here the example of a State retaining the power to act on its own behalf and enforce Federal law even when faced with the wilfull and outright refusal of the Federal government to act even when called upon by a State Executive.

When the enumerated powers, of which this is one, we delegated to the Federal Government by the Constitution, did not the States retain the power to act on their own behalf pending Federal response to enforce Federal Law? Must they remain impotent in the face of a refusal of the national government to fulfill its obligations under the Constitution?

Stan| 4.25.12 @ 1:57PM

The federal government has limited resources and it should spend those resources on enforcing immigration laws, instead of giving every Juan, Manuel and Jose Social Security and Medicaid that they are not qualified to receive when they cross the southern borders illegally.

TexasMom2012| 4.25.12 @ 4:52PM

It's is also a problem because the feds force the states to educate illegals and their kids. And to provide health services. And states cannot force illegals to pay for car insurance, costing citizens higher car insurance and health insurance costs. Illegals are also incarcerated at state and local expense and the feds wont deport them either. The Feds mandates force states to pay for illegals but won't help remove them or secure the border.

TexasMom2012| 4.25.12 @ 4:59PM

This is really a problem for border states like Texas. We spend $200 billion a year on bilingual education much of it due to the massive immigration into our state. My son has friends whose parents either speak no English or limited English. These kids are at a disadvantage that is actually worse because they are in bilingual classes. When they got to high school there is no more ESL and so they are struggling. If they had been through English immersion in elementary school they would be much better off. This helps explain the high drop out rate among Hispanics in Texas. Compassion has truly hurt these kids. And we all pay for this again when these kids remain low income households receiving net benefits from state and federal services for life.

Al Adab| 4.25.12 @ 5:59PM

TXMOM:
The issue goes much further than simply a Hispanic one although you are right in your ananlysis. Many have been apprehended at the border from such wonderful countries as Iran, Iraq, Yemen, Libya, Syria and so on. Many of those learned Spanish along the way. Is it not reasonable to doubt that people from such places are looking for landscaping jobs or those other jobs that our unemployed Americans won't do?

fiscal| 4.26.12 @ 10:39AM

The real impact of where this case goes is minimal. When Republicans were in control, we didn't stop people at the border anymore than when Dems are in control. The fact is that we don't have the money to isolate this country. As long as there are jobs that pay better than third world countries, we will have illegal immigration. It's the economy, stupid..... Ironically, illegal immigration is down now that we have a recession. If the economy improves, that will change. Furthermore, these low paid jobs actually help a state's economy as the dollars you have go further. A free trade argument favors low cost labor whether it is here or in China/Vietnam.

All of this said, the political impact of a decision by the supremes to allow the Arizona law to proceed will hurt Romney as he will get even less of the growing Hispanic demographic.

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