Monday, June 28, 2010

Supreme Court Dilemma

The US Supreme Court has taken on the issue of Arizona's 2007 law on state enforcement of right to work legally in this country. [from Reuters].

Here is their dilemma. They just ruled 5-4 with the usual suspects on each side that a state had no right to ban guns saying the federal Constitution superseded local rights.  So there is a stand in favor of overturning Arizona's law. But who wants the law overturned? Business. And this is a very pro-corporation Court...  or at least the 5 of them are.

So what will they do come October with this law which forces businesses to use the federal system for checking worker documentation and punishes with loss of licenses, those companies which ignore the rules? Business on the one hand wanting lower wages. And State's Rights on the other... Which will weigh the most?


Robert the Skeptic said...

Dilemma indeed! Balancing business interests (as clearly this court does) versus questions of States Rights.

I would lean toward the court recognizing the Federal government's has jurisdiction over setting immigration policy; yet Congress has dropped the ball on this, prompting Arizona to take matters into their own hands.

I'll bet court-watchers are not placing any heavy bets either way.

Harold said...

Should be some interesting times coming up for Court-watchers.
One might think that immigration policy would be a no-brainer decision against the states, but there are no sure things with this Court.
In these tough economic times I'm watching to see if states will be permitted to decriminalize and tax marijuana.

mandt said...

The Arizona law is a racist piece of supremacy nonsense masquerading as states rights. Fremont Nebraska got it right by making it illegal for businesses to hire illegal immigrants. ( already on the books, but not enforced) Still, they just couldn't resist punishing families, mothers and children by banning the right to rent housing----that is blatantly un-Constitutional! Dimes to donuts The Federal level will never get its act together about border security because the big money is still making a fortune out of the whole misery and exploration of workers. Arizona has become a new manifestation of the old Jim Crow South and needs a major State government sweep of its incompetent officials. Sadly the disintegration of traditional Jeffersonian Democracy is well underway. We are headed lickity-slit toward fascism with both Republicans. Libertarians and Demos on board the corporate gravy train.

Rain said...

MandT, you already know I disagree with you. Although I don't doubt some who wanted it are racists, some just want the border to mean a border and see the federal government as doing nothing. Keep in mind the law does not permit someone to be stopped just because they are looking like they came from elsewhere. It's when already stopped for a legitimate legal reason and then when they are asked, instead of just dismissing it, they can be held as illegals. In say Oregon you can't even ask.

IF Obama does what he is talking about, making there be checks in the workplace for being legal, there are three states and numerous cities who will be against it and maybe refuse to obey as they, as sanctuaries, are harboring and encouraging this practice. Many don't want illegals made legal because it will stop the cheap labor.

I say enforce the border and make people unable to work here without a proof that means something that they are either citizens or permitted to work; and then give those who work here a path to citizenship; but as it stands they will legalize 10 million more, do nothing about the border and open the door for a lot more illegally here.

I don't know how many of you read of the smuggler shootout, with many killed, south of Nogales but this kind of thing can come here and will if we don't toughen up.

It is not about racism. It's about a border that means something. Arizona is very diverse in its population and you see Hispanics/Latinos everywhere you go with nobody harassing them. This is about laws that have meaning or not. and if our immigration ones do not, which other ones do not?

I understand some who wanted this are racists but it is a way to ignore the problem to turn that into the issue. The issue is an unprotected border and illegal working up here which is keeping wages lower and possibly leading to a lot of legal unemployment. Who would know?

Rain said...

And I agree. pot should be decriminalized, licensed and save ourselves a lot of money on incarcerations and police work as well as make the profit on the licenses. And this comes from a woman who has never smoked it or done any illegal drug ever.

Rain said...

I am having comment problems with blogger. Last night I got an email asking me to publish the following from Graybeard. I said yes and it didn't do it. Then I came here, posted it myself and it still didn't do it. Trying again--

"Greybeard has left a new comment on your post "Supreme Court Dilemma":

What "race" are Mexicans?
Please educate me."

Greybeard said...

Trying again Rain. I too had several comments indicate they were "published" but were lost in the ether somewhere.

My question was rhetorical.
This obviously is NOT a race issue.
Anyone who uses the term "race" about this law is a hater and won't be part of the solution.

Rain said...

yes, i knew it was rhetorical ;) and I have mentioned before that hispanics and latinos are caucasians. But there can be bigotry against cultural groups also as there was against say the Irish in the past. The thing is though I do not believe this law is about that. Too many people agree with it for me to think it's anything but frustration in this country with a lack of enforcing the existing laws. And when you read what is going on just south of the border, you can't pretend it couldn't be up here if we are weak about this. We are causing some of that grief down there by our supporting this smuggling trade. It has made where they live uninhabitable especially at night.

I have mentioned how I feel when I am down in that country, the way the city of Nogales has changed with the smugglers and fear ruining it for others. Ignoring our border is foolishness. Making our work rules effective just seems to me common sense-- or was at one time.

The thing is though the media, on both sides, constantly promotes anger and so good people like MandT and you, graybeard, end up seeing it so differently from where you get your news. The internet isn't immune to it either. How much of our division is only due to where we get our news today? We have to get it somewhere or we are oblivious but where is it really going to give us the straight story?

Greybeard said...

Beating a dead horse here but I fear my point is being covered up...
This IS NOT a RACE issue, therefore to call it "racial profiling" shows a lack of understanding.