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THE MUSINGS OF A TRADITIONAL SOUTHERN DEMOCRAT

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Location: Douglas, Coffee Co., The Other Georgia, United States

Sid in his law office where he sits when meeting with clients. Observant eyes will notice the statuette of one of Sid's favorite Democrats.

Tuesday, December 13, 2011

Court to Weigh Arizona Statute on Immigration

From The New York Times:

In the space of a month, the Supreme Court has thrust itself into the center of American political life, agreeing to hear three major cases that could help determine which party controls the House of Representatives and whether President Obama wins a second term.

The court announced Monday that it would decide whether Arizona was entitled to impose tough anti-immigration measures over the Obama administration’s objections. The case joined a crowded docket that already included challenges to Mr. Obama’s signature legislative achievement, the 2010 health care overhaul law, and a momentous case on how Texas will conduct its elections.

The Texas case, which on Friday the court agreed to hear, could cause as many as four seats in the United States House of Representatives to change party control.

“It’s not just that these are big cases, but these are big cases that echo in the political arena,” said Nathaniel Persily, a professor of law and political science at Columbia University. “There is now a judicial forum for airing these political disputes.”

The health care and immigration decisions are likely to land in June, in the heat of the presidential campaign.

The court must act much faster in the Texas case, where its decision on Friday to stay the use of a set of election maps, created by federal judges, has thrown election planning there into disarray. Political observers believe that the new maps would increase the influence of Hispanic voters and thereby increase the number of Democrats in the House.

The court’s precedents point both ways in the health care case, and it is hard to say what the outcome will be. In the Arizona and Texas cases, recent decisions suggest that a majority of justices may look favorably on the positions of state officials, which would entail upholding the Arizona immigration law and rejecting at least a part of the court-drawn maps in Texas.

In May, the court upheld a different Arizona law, one that imposed harsh penalties on businesses that employed illegal immigrants. In a 2009 decision, Chief Justice John G. Roberts Jr., writing for the majority, expressed skepticism about the continuing vitality of a part of the Voting Rights Act of 1965 that the court in Texas relied on in substituting its own maps for ones drawn by the Legislature.

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