Arizona v. United States — Alito, J., Concurring in Part and Dissenting in Part

Summary

Justice Alito concurred in part and dissented in part. He agreed that §2(B) was not preempted, as it added nothing to existing authority, and that §3 was preempted under Hines. However, he dissented on §5(C) and §6, finding no clear and manifest congressional intent to displace traditional state police powers over employment and arrest. Separate opinions by Scalia and Thomas agreed with Alito’s dissent on §5(C) and §6, emphasizing state sovereignty and the lack of textual conflict with federal law.