The American Spectator

home
ADVERTISEMENT

The Spectacle Blog

The majority opinion in the Arizona ruling asserts that once something is a federal prerogative, states should stay out of legislating on the issue even if they are trying to accomplish the same objective as the feds. At one point, Justice Kennedy cites a precedent that finds, “States may not impose their own punishment for repeat violations of the National Labor Relations Act.” 

Justices Scalia and Thomas sharply dissent from this view. Scalia writes, “It is beyond question that a State may make violation of federal law a violation of state law as well.” Thomas writes, “I agree with Justice Scalia that that federal immigration law does not pre-empt any of the challenged provisions of S. B. 1070. “

About the Author

W. James Antle, III, author of the new book Devouring Freedom: Can Big Government Ever Be Stopped?, is editor of the Daily Caller News Foundation and a senior editor of The American Spectator. You can follow him on Twitter @jimantle.

http://spectator.org/blog/2012/06/25/are-justices-reading-the-same

ADVERTISEMENT

SPONSORED LINKS

FLASHBACK TO: 1995

Clip of the Day

ADVERTISEMENT