Sunday, June 17th, 2018

Supreme Court on Preemption: Arizona v. United States

"The question before the Court is whether federal law preempts and renders invalid four separate provisions of the state law. … The issue is whether, under pre­emption principles, federal law permits Arizona to imple­ment the state-law provisions in dispute. … Section 3 of S. B. 1070 creates a new state misde-meanor.  It forbids the “willful failure to complete or carry an alien registration document . . . in violation of 8 United States Code section 1304(e) or 1306(a).”  Ariz. Rev. Stat. Ann. §11–1509(A) (West Supp. 2011). … As it did in Hines, the Court now concludes that, with respect to the subject of alien registration, Congress intended to preclude States from “complement[ing] the federal law, or enforc[ing] additional or auxiliary regulations.”  312 U. S., at 66–67. Section 3 is preempted by federal law.  … §5(C) enacts a state criminal prohibition where no federal counterpart exists.