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New litigation laboratory for criminal justice federalism with Arizona immigration law

By Douglas A. Berman

The big news lately in the debate over immigration from from Arizona thanks to its recent passage of a controversial immigration-enforcement bill.  Based on what I have seen and read, the new law almost reads like a law professor's exam question, and this Arizona Republic article ably reviews some of the major legal issues that are sure to be hotly litigated in the weeks and months ahead.  The article is headlined "Court fight looms on new immigration law; Legislation vulnerable to challenge, says expert; supporters argue it's legally sound," and this particular passage caught my attention: Kris Kobach, a law professor at the University of Missouri-Kansas City School of Law who counseled [Arizona State Senator Russell] Pearce when he was writing Senate Bill 1070, said Arizona simply is taking action on what Congress already has deemed illegal, so the state is not infringing on federal authority or running afoul of the supremacy clause...continue to full post

Full post as published by Sentencing Law and Policy on April 26, 2010 (boomark / email).