The Corner

Vance Is Right About the Limits of Judicial Restraints on Executive Power

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Vice President JD Vance speaks to reporters in the Brady Press Briefing Room at the White House in Washington, D.C., January 30, 2025.

Elizabeth Frantz/Reuters

In its awful 2012 ruling in Arizona v. United States, the Supreme Court upheld one aspect (out of four) of Arizona’s contested immigration statute — a provision requiring state police, in certain circumstances, to verify a detained person’s immigration status with the federal government. This was a rejection of the Obama administration, which had argued that this provision was preempted by federal law and that its enforcement would interfere with Obama administration policy.

Hours after the Supreme Court ruled against President Obama on this point, the Obama administration announced that it would cease cooperation with Arizona’s efforts to verify a detainee’s immigration status. That is, after Obama lost in the Supreme Court, he decided he was going to ignore the Supreme Court because, under the Constitution, it was his job, not the justices’ job, to decide immigration enforcement policy.

Andrew C. McCarthy

About the Author

Andrew C. McCarthy

Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.

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