Thursday, February 9th, 2017

Supreme Court on Preemption: Arizona v. United States

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"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.