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SB 1070 in the Supreme Court: Three views of what may happen and what it would mean

Photo by IslesPunkFan/Flickr (Creative Commons)


Two years after it was signed into law and many imitations later, Arizona's precedent-setting SB 1070 anti-illegal immigration law is headed to the U.S. Supreme Court next week. The high court, with one justice recused, is set to hear oral arguments April 25.

The federal government filed suit against the state of Arizona not long after SB 1070 was signed into law April 23, 2010, challenging the measure on the grounds that its provisions were “preempted” by federal immigration law. That July, on the eve of its implementation, four controversial provisions of the law - including one that empowered local police to check for immigration status based on "reasonable suspicion" that a person may be undocumented - were blocked by a federal judge in Phoenix.

After a federal appeals court upheld the lower court judge's decision, Arizona filed a petition with the Supreme Court: "The question presented," the petition reads, "is whether the federal im-migration laws preclude Arizona’s efforts at cooperative law enforcement and impliedly preempt these four provisions of S.B. 1070 on their face."

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