An Analysis of SB 1070 Arguments Before the Supreme Court

ABA Journal:  “Oral arguments in the U.S. Supreme Court’s October Term 2011 will end April 25 with one of the most important and politically controversial cases of the year: Arizona v. United States. The issue before the court is whether key provisions of Arizona’s statute SB 1070—which calls on state and local law enforcement to aggressively enforce federal immigration laws—are preempted by federal law. The case poses basic questions about the allocation of power between federal and state governments and does so in a context that arouses deep emotion on both sides.

In 2010, Arizona adopted SB 1070, titled, “Support Our Law Enforcement and Safe Neighborhoods Act.” It sought to use the resources of Arizona state and local governments to help control illegal immigration. Its preamble states that its purpose is to make “attrition