"The Supreme Court will strike down at least those provisions in SB 1070 that criminalize the failure to carry proper documentation and provide penalties for seeking employment as preempted by federal law. Any other result would be contrary to long-standing Supreme Court precedent and widespread consensus among the circuits on this issue."

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"However, the Roberts Court has surprised legal experts before by bending over backwards to find preemption where there is none and vice versa; few would be surprised if the conservative majority did so again."

"Thus far, the trend among the lower courts suggests that these inhumane state laws will not withstand judicial scrutiny, but that could change when the Supreme Court issues its decision in Arizona v. United States."

Justice Watch

One Year Later: The Consequences of Chamber of Commerce v. Whiting

May 25, 2012

By Alliance for Justice

Alliance for Justice has worked for more than 30 years to ensure that all Americans have access to a fair and independent judiciary. Justice Watch tracks activity in the federal courts and the continuing efforts by movement conservatives to fundamentally change the balance of power in our courts.

One Year Later: The Consequences of Chamber of Commerce v. Whiting



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