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Federalism wins

"Federalism wins" Continued...

Meanwhile, Scalia said that he would have upheld all of the challenged provisions in the Arizona law and he scolded the majority for providing "immunity from enforcement" for thousands of undocumented immigrants. "Arizona bears the brunt of the country's illegal immigration problem," he wrote, in a dissent that no one joined. "Its citizens feel themselves under siege by large numbers of illegal immigrants who invade their property, strain their social services, and even place their lives in jeopardy. Federal officials have been unable to remedy the problem, and indeed have recently shown that they are unwilling to do so."

Alito dissented for different reasons. He agreed with the court in throwing out Section 3, making undocumented immigration a crime, but he disagreed on throwing out the other provisions. He said the court gave "short shrift to our presumption against preemption." Translation: The Supreme Court usually puts the burden on the federal government to prove that it preempts a state law, but Alito thought the court didn't set the bar very high for the federal government in this case.

The court also announced on Monday that it would release all its remaining opinions on Thursday-which will include the opinion on the healthcare law.

Listen to a report on the Supreme Court's decisions on WORLD's radio news magazine The World and Everything in It.

Emily Belz
Emily Belz

Emily, who has covered everything from political infighting to pet salons for The Indianapolis Star, The Hill, and the New York Daily News, reports for WORLD Magazine from New York City. Follow Emily on Twitter @emlybelz.


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