Supreme Court of the United States

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

June 25, 2012132 S. Ct. 2492

Summary

Justice Scalia, concurring in part and dissenting in part, rejects the Court's conclusion that federal immigration law preempts Arizona's enforcement provisions in S.B. 1070. He concludes states possess inherent sovereign power to exclude persons from their territory and argues the provisions do not conflict with federal law. While agreeing that §2(B) is not preempted, he dissents from the invalidation of §§3, 5(C), and 6. Justice Alito and Justice Thomas separately concurred in part and dissented in part.