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U.S. Supreme Court Upholds Arizona's ''Business Death Penalty''

published May 28, 2011

By CEO and Founder - BCG Attorney Search left
Published By
( 1 vote, average: 2.4 out of 5)
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05/28/11

According to the May 27th azstamet.com article, ''Justices OK Arizona's employer sanctions'', the justices rejected arguments offered by the business community, as well as by Hispanic-rights organizations and the Obama administration that proposed that the law, also known as the Legal Arizona Worker Act, ''infringes on the exclusive right of the federal government to regulate immigration.''


''We hold that Arizona's licensing law falls well within the confines of the authority Congress chose to leave to the states and therefore is not expressly pre-empted,'' Chief Justice John Roberts wrote for the majority, per the azstamet.com article.

Hailed as the ''business death penalty'' by some, per the May 26th latimes.com article, ''Supreme Court upholds Arizona immigration law targeting employers'', the law's provisions are essentially two strikes and you're out: the law's provisions include the revocation of all business licenses to firms found guilty of hiring illegal immigrants knowingly, and if there's a second offense within three years, the firm is out of business.

Those opposed to the law hold that it contradicts the federal Immigration Reform and Control Act approved by Congress in 1986. This Act disallows ''states and cities from imposing any civil or criminal penalties on companies for hiring illegal immigrants.''

Justice Stephen Breyer, who was in the minority, wrote per the article: ''Either directly, or through the uncertainty that it creates, the Arizona statute will impose additional burdens upon lawful employers and consequently lead those employers to erect ever stronger safeguards against the hiring of unauthorized aliens - without counterbalancing protection against unlawful discrimination.''

The decision also lends support to Arizona's controversial SB 1070, the strictest anti-illegal immigration measure to hit the books in decades.

The ''good'' news? To sum it up, Roberts wrote: ''An employer acting in good faith need have no fear of the sanctions.''

Alternative Summary

Harrison is the founder of BCG Attorney Search and several companies in the legal employment space that collectively gets thousands of attorneys jobs each year. Harrison’s writings about attorney careers and placement attract millions of reads each year. Harrison is widely considered the most successful recruiter in the United States and personally places multiple attorneys most weeks. His articles on legal search and placement are read by attorneys, law students and others millions of times per year.

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LawCrossing has received tens of thousands of attorneys jobs and has been the leading legal job board in the United States for almost two decades. LawCrossing helps attorneys dramatically improve their careers by locating every legal job opening in the market. Unlike other job sites, LawCrossing consolidates every job in the legal market and posts jobs regardless of whether or not an employer is paying. LawCrossing takes your legal career seriously and understands the legal profession. For more information, please visit www.LawCrossing.com.

published May 28, 2011

By CEO and Founder - BCG Attorney Search left
( 1 vote, average: 2.4 out of 5)
What do you think about this article? Rate it using the stars above and let us know what you think in the comments below.

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