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. “
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