Bench Memos

Will Immigration Be an Issue for Kagan?

Could immigration become an issue during this summer’s Supreme Court nomination hearings?  It might.  As the Los Angeles Times reports, last fall the Supreme Court asked for the views of the Solicitor General’s office as to whether the Court should hear a legal challenge to an Arizona law that sanctions companies that employ illegal aliens or other undocumented workers, and it’s still waiting.  The U.S. Chamber of Commerce, among others, argues that the Arizona measure is preempted by federal law, and the Supreme Court has made clear it want’s the SG’s views before the term ends.  Another interesting tidbit: The law was signed by then Governor Janet Napolitano.

Jonathan H. Adler — Mr. Adler is an NRO contributing editor and the inaugural Johan Verheij Memorial Professor of Law at Case Western Reserve University School of Law. His latest book is Marijuana Federalism: Uncle Sam and Mary Jane.