Panel of professors discuss the upcoming challenge to Arizona's controversial immigration law, SB 1070

(Pictured left to right: Professor David Franklin; Professor Daniel Morales)

On April 25, 2012, the Supreme Court will hear Arizona v. United States, one of the most publicized cases of the year. The Department of Justice is challenging four provisions of Arizona’s SB 1070 under the Supremacy Clause. The statute was enjoined by the Federal District Court and the 9th Circuit Court of Appeals affirmed. Students, Professors and Administrators gathered on February 15 to hear Professor Daniel Morales, Assistant Professor of Law, and Professor David Franklin, Vice Dean and Associate Professor of Law, explain the issues surrounding the case and predict the potential outcome. 

Professor Morales highlighted the history of migration policy in the United States and argued SB 1070 is not necessary at this time; the federal government is prosecuting undocumented immigration at significantly high rates.

Professor Franklin explained the Department of Justice is challenging SB 1070 under implied pre-emption, meaning the state law poses an obstacle to federal law. Although not explicitly challenged on foreign policy grounds, a plausible case could be made for a facial challenge on foreign policy ramifications.

Ultimately, Professor Franklin predicted the case “may end with a whimper instead of a bang.” The Supreme Court may reverse and dismiss the case as premature, as the challenged provisions have yet to take place and the true effects remain unknown.