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May 26 (Reuters) - A Wisconsin judge on Thursday voided a controversial Republican-backed law restricting the collective bargaining rights of public-sector unions.
Dane County Judge Maryann Sumi said Republican lawmakers violated the state's open meetings law in rushing the legislation through during massive protests at the state Capitol earlier this year.
Supreme Court sustains Ariz. employer sanctions law
By Joan Biskupic, USA TODAY
WASHINGTON —The Supreme Court on Thursday upheld an Arizona law that revokes the business licenses of companies hiring illegal immigrants, in a closely watched case testing state efforts to stop people from crossing the border.
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www.ImmigrationLawNewOrleans.comBy a 5-3 vote, the court rejected arguments from a coalition of business and civil rights groups, including the Chamber of Commerce and ACLU, that the Arizona law conflicts with overriding federal immigration policy and could lead to race discrimination.
Arizona has taken the lead among the states to crackdown on illegal immigration. A separate law in that border state requires police to investigate the status of anyone an arresting officer suspects may be here illegally. That measure has been challenged in lawsuits, including from the Obama administration, that are still pending in lower courts.
A key question in challenges to state efforts is whether they are trampling on the domain of the federal government. Congress generally has authority over immigration and for decades has established comprehensive schemes for the admission and treatment of foreigners.
In Thursday's case, Chief Justice John Roberts said the 2007 Arizona law penalizing companies that hire illegal immigrants meets a "licensing" exception to the general federal rule dictating that states not set their own civil or criminal penalties in the immigration area.
Roberts stressed that the Arizona law covers only "knowing or intentional violations" of the federal prohibition on hiring illegal workers and that the licensing sanction is triggered only after the second violation.
"These limits ensure that licensing sanctions are imposed only when an employer's conduct fully justifies them," he said. "An employer acting in good faith need have no fear of the sanctions."
The court in Chamber of Commerce v. Whiting also upheld an Arizona provision requiring all employers in the state to use a federal electronic verification system to confirm that workers are authorized to take jobs. The federal government makes that E-verify system voluntary, and challengers said the records are incomplete and prone to error.
Roberts was joined by Justices Antonin Scalia, Anthony Kennedy, Samuel Alito and, for most of his opinion, Clarence Thomas.
Dissenting were Justices Ruth Bader Ginsburg, Stephen Breyer and Sonia Sotomayor. The court's ninth justice, Elena Kagan, who previously was U.S. solicitor general, did not participate.
The U.S. government had sided with the challengers, saying the state's law was not truly a "licensing" provision because it did not involve the granting of licenses, only the revocation. Federal immigration provisions specifically "preempt any state of local law imposing civil or criminal sanctions (other than through licensing and similar laws) upon those who employ" illegal immigrants.
During oral arguments in the case last December, Acting U.S. Solicitor General Neal Katyal had told the justices, "Nearly a quarter of a century ago, Congress declared federal employer sanctions central, not peripheral, to the policy of immigration law. Congress broadly swept away state and local laws, preempting any sanction upon those who employ unauthorized aliens."
In his opinion for the court, Chief Justice Roberts noted that several other states have followed Arizona with laws attempting to impose sanctions for the hiring of illegal workers, including Colorado, Mississippi and Pennsylvania.
Dissenting justices said the federal system was intended to prevent such a patchwork of state laws.
Justice Breyer, in a dissenting opinion signed also by Justice Ginsburg, noted that licensing sanctions could lead employers to decline to hire foreign-looking or foreign-sounding people to avoid state scrutiny. Overall, he wrote, state penalties "might prove more effective in stopping the hiring of unauthorized aliens. But they are unlikely to do so consistent with Congress' other critically important goals, in particular, Congress' efforts to protect from discrimination legal workers who look or sound foreign."
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Score: 15Name withheld
LiberalMisfit
12:30 PM on May 26, 2011
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I believe this is a great idea !! Stop the illegal hiring and cut off a large source of illegal immigration.
Score: 19Name withheld
Ndian
12:32 PM on May 26, 2011
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glad to see that there is still SOME america in america. Thanks Arizona. You are a shining example of how the rest of the nation should be. Below will be all the bleeding hearts, all those who are involved in illegal aliens and the illegals themselves saying that it isn't fair.
Go ahead.. I just wanted to be ahead of that crowd.
Score: 10Name withheld
archaelin
12:32 PM on May 26, 2011
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awesome
Score: 7Name withheld
irockOK
12:33 PM on May 26, 2011
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OMG Wait till that communist Obama get`s wind of this!
Score: 8Name withheld
ychuck46
12:35 PM on May 26, 2011
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Finally, a significant win in the Supreme Court. Let's have all 49 of the remaining states do the same thing and maybe we can afford to do some more for real American citizens that need a helping hand, not a hand out. Way to go, AZ - we're proud of you!
Score: 1Name withheld
ltTollsForThee
12:36 PM on May 26, 2011
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So many Liberals agreeing with the conservatives justices on the SCOTUS. What gives?
Score: -10Name withheld
communismNOW
12:36 PM on May 26, 2011
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I'll still hire whoever I feel like....legal or illegal...I'll just won't do business in AZ...no loss to me
Score: 3Name withheld
global777
12:36 PM on May 26, 2011
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Sonia Sotomayor dissenting. No surprise there.
BO and Holder are huddling up, trying to find a way to sue the Supeme Court.
BO needs the ILLEGAL alien votes to survive 2012.
Beware of the ILLEGAL alien sympathizers. They will do whatever it takes to grant amnesty to the invaders.
Congratulations Governor Brewer and the State of Arizona! Keep up the fight...
Score: 4Name withheld
nolemminghere
12:37 PM on May 26, 2011
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its about time someone acts to enforce our laws.
Score: -3Name withheld
Jacked Up Jerry
12:38 PM on May 26, 2011
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communismNOW
12:36 PM on May 26, 2011
I'll still hire whoever I feel like....legal or illegal...I'll just won't do business in AZ...no loss to me
_________________________________Wow....you are really fooling all of us you dumb connie.
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