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Chamber of Commerce of the United States of America v. Whiting, No. 09-115, U.S. Supreme Court (May 26, 2011)

Articles Discussing Case:

Supreme Court Upholds Arizona Legal Workers Act

Franczek Radelet P.C • June 01, 2011
On May 26, 2011, the United States Supreme Court issued a 5-3 decision in Chamber of Commerce v. Whiting upholding the Arizona Legal Workers Act (“the Act”). The Act provides that the business licenses of employers who knowingly or intentionally employ unauthorized aliens may be, and in certain circumstances must be, suspended or revoked. The law also requires that all Arizona employers use E-Verify. The Court held that neither of these provisions was preempted by federal immigration law.

Supreme Court Rules Arizona's Immigration Law Is Not In Conflict With Federal Law

Ogletree Deakins • May 27, 2011
On May 26, 2011, with Chief Justice John Roberts writing for the 5-3 majority, in part joined by Justices Scalia, Kennedy and Alito, the U.S. Supreme Court concluded that federal immigration law does not preempt or invalidate an Arizona law, which subjected state employers to sanctions for knowingly or intentionally employing unauthorized aliens and which required that all Arizona employers use E-Verify. According to the high court, in enacting its law, "Arizona has taken the route least likely to cause tension with federal law." "If even this gives rise to impermissible conflicts with federal law," the Court noted, "then there really is no way for the State to implement licensing sanctions, contrary to the express terms of the savings clause." Chamber of Commerce of the United States of America v. Whiting, No. 09-115, U.S. Supreme Court (May 26, 2011).

Arizona Immigration Law Valid According to Divided Supreme Court

Ogletree Deakins • May 27, 2011
To the political bonfire of illegal immigration, the U.S. Supreme Court has just dumped several gallons of petrol, with its decision upholding the Legal Arizona Workers Act, which places penalties for hiring illegal workers on most Arizona employers and requires that employers use E-verify.