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Arizona files SCOTUS cert petition over immigration law

Arizona Gov. Jan Brewer has asked the U.S. Supreme Court to reverse a 9th Circuit ruling blocking enforcement of parts of the state’s controversial immigration law, S.B. 1070, which allows police to check the immigration status of individuals.

The move officially puts the case before the nation’s highest court, which must now decide whether to take the matter up next term. At issue in the case is whether states have the ability to implement tough immigration laws, or if that area is solely within the jurisdiction of federal lawmakers.

“It’s going to be pretty hard for the federal government to deny these are issues of primary importance,” said Paul Clement, a Washington, D.C., attorney hired by Brewer to prepare Wednesday’s petition, according to the Arizona Republic. “It’s not like immigration is an area of absolutely exclusive federal control, and with Arizona bearing such a disproportionate burden (of the immigration problem), a one-size-fits-all solution doesn’t make sense.”

Legal commentators on an online symposium hosted by SCOTUSblog have been chiming in for weeks with opinions on whether the Court will rule in the Arizona’s favor, or side with the federal government – or whether the Court will decide to take up the matter at all.

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