Columbia Journal of Race and Law, Thomas Jefferson School of Law Research, San Diego, Professor Marjorie Cohn : "Racial Profiling Legalized in Arizona", April 16, 2012 - This article argues that the statute is unconstitutional because it violates the Fourth Amendment, is void for vagueness, and violates the Supremacy Clause

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You can download the Full Article in the provided link at the bottom of this page. This professor speaks out very clearly and without reservations or fears.

Abstract:    

In 2010, Arizona enacted S.B. 1070, which legalizes racial profiling in that state, and effectively converts local law enforcement officials into de facto U.S. Immigration and Customs Enforcement officials. This article argues that the statute is unconstitutional because it violates the Fourth Amendment, is void for vagueness, and violates the Supremacy Clause. S.B. 1070 also suffers from practical deficiencies in that it will harm communities and increase harassment of Latinos. In addition, it runs afoul of universally recognized human rights. Other states have passed laws similar to S.B. 1070. The constitutionality of S.B. 1070 is currently pending before the U.S. Supreme Court, which will issue a decision by the end of its 2011-2012 term. The Court is reviewing an opinion by the U.S. Ninth Circuit Court of Appeals overturning some provisions of S.B. 1070 as violative of the Supremacy Clause.

Social Science Research Network
Columbia Journal of Race and Law, Vol. 1, No. 2, p. 168, 2012
Thomas Jefferson School of Law Research Paper No. 2040532


Racial Profiling Legalized in Arizona


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