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John EastmanMargaret StockOn June 25, 2012, the Supreme Court  announced its decision in Arizona v. United States.  The question in this case was whether certain provisions of Arizona Senate Bill 1070 involving immigration activities and offenses are preempted by federal immigration laws.

The federal government challenged four provisions of SB 1070.  In an opinion delivered by Justice Kennedy, the Court held by a vote of 5-3 that three of these four provisions--Sections 3, 5(C), and 6--were preempted by federal law.  With respect to the fourth provision, Section 2, the Court held that the federal government had not yet demonstrated a sufficient basis for preemption.  The Chief Justice, as well as Justices Ginsburg, Breyer, and Sotomayor joined the majority opinion.  Justices Scalia, Thomas, and Alito filed opinions concurring in part and dissenting in part.  Justice Kagan took no part in the consideration or decision of the case.

To discuss the case, we have Margaret Stock, who is Counsel to Lane Powell PC, and John Eastman, who is the Henry Salvatori Professor of Law and Community Service at Chapman University School of Law, and Founding Director of the Center for Constitutional Jurisprudence.

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