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Bench Memos

NRO’s home for judicial news and analysis.

A Victory for Statutory Meaning (among other things)



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This morning the Supreme Court handed down Chamber of Commerce v. Whiting, a 5-3 decision (Justice Kagan not participating) upholding the Legal Arizona Workers Act of 2007 against a federal preemption challenge.  Chief Justice Roberts wrote for the majority, and based the ruling on the plain meaning of the federal immigration statute, which expressly preserves the power of states to legislate on the subject of employing illegal immigrants through their licensing power, as Arizona had done here.  Justices Breyer and Sotomayor each wrote dissents.  The ruling can be found here.



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