{"id":260,"date":"2011-05-26T15:35:59","date_gmt":"2011-05-26T19:35:59","guid":{"rendered":"http:\/\/blog.beliefnet.com\/faithandjustice\/?p=260"},"modified":"2011-05-27T10:03:36","modified_gmt":"2011-05-27T14:03:36","slug":"a-sound-sensible-decision-from-supreme-court-backing-az-immigration-law","status":"publish","type":"post","link":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2011\/05\/a-sound-sensible-decision-from-supreme-court-backing-az-immigration-law.html","title":{"rendered":"A Sound &amp; Sensible Decision from Supreme Court Backing AZ Immigration Law"},"content":{"rendered":"<p>It was a closely watched case concerning the issue of immigration.\u00a0 And, now, <a href=\"http:\/\/www.dailynews.com\/news\/ci_18146453?source=rss\" target=\"_blank\">a decision from the U.S. Supreme Court<\/a> that not only upholds the constitutionality of an Arizona law, but a key ruling that is likely to shape the future of this debate.<\/p>\n<p>In a 5-3 decision in the case of <em>Chamber of Commerce v. Whiting<\/em>, the high court concluded that the Legal Arizona Workers Act, an\u00a0employer-sanctions law that penalizes businesses that knowingly hire illegal immigrants, is constitutional.\u00a0 In writing the majority opinion, Chief Justice John Roberts correctly determined that the law &#8220;does not conflict with federal immigration law.&#8221;<\/p>\n<p>He also <a href=\"http:\/\/blogs.abcnews.com\/thenote\/2011\/05\/supreme-court-upholds-arizona-immigration-law-.html\" target=\"_blank\">concluded<\/a> that Congress had &#8220;preserved the ability of the states to impose their own sanctions&#8221; in an effort to control illegal immigration and that the Arizona law &#8220;falls well within the confines of the authority Congress chose to leave to the states.&#8221;<\/p>\n<p>The complete decision is posted <a href=\"http:\/\/www.supremecourt.gov\/opinions\/10pdf\/09-115.pdf\" target=\"_blank\">here<\/a>.<\/p>\n<p>This is an important victory for Arizona, and other states, to move forward in a constitutional manner to protect their borders and citizens.\u00a0The\u00a0decision provides a realistic roadmap for states to take appropriate action in enacting legislation that is constitutional.\u00a0 It&#8217;s clear that states can take action that compliments federal immigration law without violating it. The decision affirms that the Arizona law represents a valid and constitutional exercise of Arizona&#8217;s police powers.<\/p>\n<p>I&#8217;m delighted to report that the high court agreed with the argument we presented to the court.\u00a0 In an amicus brief, we supported this commonsense\u00a0law that penalizes businesses that knowingly hire illegal immigrants.<\/p>\n<p>In our amicus brief, posted <a href=\"http:\/\/www.aclj.org\/media\/pdf\/Chamber-of-commerce-v-whiting--ACLJ-Amicus_20101028.pdf\" target=\"_blank\">here<\/a>, we argued: &#8220;State laws, like the Legal Arizona Workers Act, that mirror federal immigration provisions and incorporate federal standards promote national policy and should not be preempted.&#8221;<\/p>\n<p>Our brief also noted that &#8220;illegal immigration is a serious problem&#8221; and argues that the &#8220;federal government has proved inadequate to the tasks of enforcing current immigration laws and building consensus toward needed immigration reform&#8221; leaving states to &#8220;cope on their own.&#8221;<\/p>\n<p>This decision comes as Arizona&#8217;s broader immigration law, known as SB1070, is moving through the lower courts.\u00a0 Just last month, a three-judge panel of a federal appeals court (the same court, by the way, that upheld AZ&#8217;s employer sanction law) upheld a trial judge&#8217;s ruling blocking enforcement of SB1070.\u00a0 <a href=\"http:\/\/www.kold.com\/story\/14601138\/gov-brewer-appeals-to-highest-court\" target=\"_blank\">That case is on its way to the Supreme Court.<\/a><\/p>\n<p>While today&#8217;s decision certainly does not provide a definitive answer on the constitutionality of SB1070, I&#8217;m very encouraged.\u00a0 This decision is a positive development.\u00a0 It&#8217;s a helpful sign that the high court understands that states can play a vital and constitutional role in regulating immigration.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>It was a closely watched case concerning the issue of immigration.\u00a0 And, now, a decision from the U.S. Supreme Court that not only upholds the constitutionality of an Arizona law, but a key ruling that is likely to shape the future of this debate. In a 5-3 decision in the case of Chamber of Commerce&hellip;<\/p>\n","protected":false},"author":401,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[83,82,8],"tags":[87,743,88,770,85,769,84,86,744,765],"class_list":["post-260","post","type-post","status-publish","format-standard","hentry","category-arizona","category-immigration","category-supreme-court","tag-9th-circuit-court-of-appeals","tag-aclj","tag-amicus-brief","tag-arizona","tag-governor-jan-brewer","tag-immigration","tag-legal-arizona-workers-act","tag-sb1070","tag-supreme-court","tag-u-s-constitution"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v23.9 - https:\/\/yoast.com\/wordpress\/plugins\/seo\/ -->\n<title>A Sound &amp; Sensible Decision from Supreme Court Backing AZ Immigration Law - Faith &amp; Justice<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2011\/05\/a-sound-sensible-decision-from-supreme-court-backing-az-immigration-law.html\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"A Sound &amp; Sensible Decision from Supreme Court Backing AZ Immigration Law - Faith &amp; Justice\" \/>\n<meta property=\"og:description\" content=\"It was a closely watched case concerning the issue of immigration.\u00a0 And, now, a decision from the U.S. Supreme Court that not only upholds the constitutionality of an Arizona law, but a key ruling that is likely to shape the future of this debate. 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In a 5-3 decision in the case of Chamber of Commerce&hellip;","og_url":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2011\/05\/a-sound-sensible-decision-from-supreme-court-backing-az-immigration-law.html","og_site_name":"Faith &amp; Justice","article_published_time":"2011-05-26T19:35:59+00:00","article_modified_time":"2011-05-27T14:03:36+00:00","author":"Jay Sekulow","twitter_card":"summary_large_image","schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"WebPage","@id":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2011\/05\/a-sound-sensible-decision-from-supreme-court-backing-az-immigration-law.html","url":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2011\/05\/a-sound-sensible-decision-from-supreme-court-backing-az-immigration-law.html","name":"A Sound &amp; Sensible Decision from Supreme Court Backing AZ Immigration Law - Faith &amp; Justice","isPartOf":{"@id":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/#website"},"datePublished":"2011-05-26T19:35:59+00:00","dateModified":"2011-05-27T14:03:36+00:00","author":{"@id":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/#\/schema\/person\/fd4c384af0620d4b82ae09cf1d77bdb4"},"breadcrumb":{"@id":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2011\/05\/a-sound-sensible-decision-from-supreme-court-backing-az-immigration-law.html#breadcrumb"},"inLanguage":"en-US","potentialAction":[{"@type":"ReadAction","target":["https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2011\/05\/a-sound-sensible-decision-from-supreme-court-backing-az-immigration-law.html"]}]},{"@type":"BreadcrumbList","@id":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/2011\/05\/a-sound-sensible-decision-from-supreme-court-backing-az-immigration-law.html#breadcrumb","itemListElement":[{"@type":"ListItem","position":1,"name":"Home","item":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice"},{"@type":"ListItem","position":2,"name":"A Sound &amp; Sensible Decision from Supreme Court Backing AZ Immigration Law"}]},{"@type":"WebSite","@id":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/#website","url":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/","name":"Faith &amp; Justice","description":"Jay Sekulow - ACLJ","potentialAction":[{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/?s={search_term_string}"},"query-input":{"@type":"PropertyValueSpecification","valueRequired":true,"valueName":"search_term_string"}}],"inLanguage":"en-US"},{"@type":"Person","@id":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/#\/schema\/person\/fd4c384af0620d4b82ae09cf1d77bdb4","name":"Jay Sekulow","description":"Jay Sekulow is Chief Counsel for the American Center for Law and Justice (ACLJ), a law firm and educational organization that focuses on constitutional law. He is also Chief Counsel of the European Centre for Law and Justice (ECLJ). Jay Sekulow is one of the leading defenders of constitutional rights and religious liberties in the United States. Over the past 25 years, Jay Sekulow has amassed an unparalleled record of accomplishment, arguing before the U.S. Supreme Court on 12 occasions. His aggressive litigation strategy before the Supreme Court has led to many landmark First Amendment victories. In his first case before the Supreme Court, Jews for Jesus, Jay Sekulow secured the right of religious groups to pass out tracks in airports. In Mergens, Jay Sekulow successfully protected the right of students to form Bible clubs and prayer groups on public school campuses. In Lamb\u2019s Chapel, Jay Sekulow cleared the way for churches to have equal access to public facilities in the same way that other groups are permitted to utilize those facilities. In the Bray and Operation Rescue cases, Jay Sekulow protected the free speech rights of pro-life advocates to be free from criminal prosecution for conveying their pro-life message. In McConnell v. FEC, Jay Sekulow protected the right of young people to engage in the political process by donating to the campaign of their choice. In Pleasant Grove, Jay Sekulow paved the way for governments to be able to display Ten Commandments monuments, and other monuments of their choosing, in public parks. Through the ACLJ, Jay Sekulow engages the political, legal, and cultural battles facing America today. He routinely works with Members of Congress, advising them on proposed legislation and representing them in critical legal matters. Jay Sekulow has also testified before Congress on the constitutionality of proposed legislation. Also, in addition to being a successful Supreme Court advocate, Jay Sekulow is a highly respected broadcaster. Jay Sekulow is the host of Jay Sekulow Live! which airs each weekday on over 850 radio stations nationwide, in addition Sirius and XM satellite radio. He brings insight and education to listeners daily through this national call-in radio program. He is also the host of the ACLJ This Week, the ACLJ\u2019s weekly television program. Jay Sekulow regularly appears on major media outlets, including FOX News, CNN, ABC, CBS, and NBC, where he is sought out for his vast experience in constitutional law and his unique insight into many of the pressing legal and political issues facing America today. He is frequently quoted in the nation's leading newspapers and often contributes opinion editorials to national publications. Jay Sekulow has also published numerous law review and other scholarly articles. Jay Sekulow has received numerous honors for his groundbreaking legal work in the area of free speech and religious liberties. The Legal Times has named Sekulow one of \u201cThe 90 Greatest Washington Lawyers of the Last 30 Years\u201d and the National Law Journal has twice named Sekulow one of the \u201c100 Most Influential Lawyers\u201d in the United States. In addition, TIME Magazine listed Jay Sekulow as one of the \"25 Most Influential Evangelicals\" in America. Jay Sekulow\u2019s legal work in defense of religious liberties and human rights extends beyond the United States, having founded the ECLJ in Strasbourg, France, which maintains consultative status with the United Nations. He has also opened offices in Pakistan, Africa, and Jerusalem, Israel. Jay Sekulow is a staunch defender of Israel, presenting arguments before the International Criminal Court at the Hague. His efforts in support of Israel\u2019s right to defend itself from terrorist attacks have been commended by Israeli government officials, one official stating, \"Jay was instrumentally-involved in projects that the President of Israel and the Prime Minister put on our national agenda.\" Jay Sekulow also has a passion for educating the next generation of religious liberty advocates. He is a member of the Regent University Law School Faculty as a Distinguished Professor of Law and routinely teaches courses on constitutional law and presents guest lectures. Jay Sekulow has also started educational programs in international human rights law in Strasbourg, France and at Handong University in South Korea. Jay Sekulow is a graduate of Mercer University, earning both a bachelor\u2019s degree and doctor of jurisprudence. Sekulow served on the editorial staff of the Mercer Law Review and graduated cum laude. He later earned a Ph.D. from Regent University, writing his dissertation on American Legal History. Jay Sekulow also serves on the Board of Trustees for The Supreme Court Historical Society in Washington, D.C. Jay Sekulow, ACLJ Chief Counsels full biography and video. Jay Sekulow on Facebook. Jay Sekulow on Twitter. Jay Sekulow on YouTube.","url":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/author\/jay_sekulow"}]}},"_links":{"self":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts\/260","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/users\/401"}],"replies":[{"embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/comments?post=260"}],"version-history":[{"count":17,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts\/260\/revisions"}],"predecessor-version":[{"id":276,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/posts\/260\/revisions\/276"}],"wp:attachment":[{"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/media?parent=260"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/categories?post=260"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/faithandjustice\/wp-json\/wp\/v2\/tags?post=260"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}