http://www.wisegeek.com/what-falls-under-supreme-court-jurisdiction.htm
"To understand Supreme Court jurisdiction, it is important to understand a term known as original jurisdiction. This refers to the ability of a court to be the first to hear a case. For example, the Supreme Court has original jurisdiction in any case that involves a dispute in which the US government is a party."
-So the SCOTUS (Supreme Court of the United States) has original jurisdiction where the US is involved.
"This includes cases in which the federal government is named as a plaintiff and those that involve the US as a defendant. This is true despite who the opposing party is. The Supreme Court could, therefore, hear a case in which the US is suing a state or one in which a foreign visitor is suing the US."
-So the US CAN sue states, Holder CAN sue AZ for 1070. And, the states CAN sue the fed government for healthcare. SCOTUS will hear the case.
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It'll be an interesting fight. Based on public opinion polls showing that most people actually favor the bill, it could be a costly fight for the democrats in the long term, win or lose.
ReplyDeleteI believe that the challenge by the feds is misdirected under the preemption clause as SB 1070 mirrors fed regs. They needed to challenge the enforcement of the bill first, to ensure that not only Latinos were affected by the bill, then they needed to challenge on the grounds that the intent of fed regs and state regs were complete opposites. Also, if the feds would concede to the states that the current immigration laws needed to be revamped, then the state would back off, the state said as much.
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