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Reason
Reason
Politics
Orin S. Kerr

You Might Want to Read More Sentences of Arizona v. United States

In his post below, my friend and co-blogger Josh Blackman writes that there is only one sentence of Arizona v. United States that you need to know to answer whether federal law clearly preempts the new state Texas immigration enforcement bill.   Here's the sentence:

There is no need in this case to address whether reasonable suspicion of illegal entry or another immigration crime would be a legitimate basis for prolonging a detention, or whether this too would be preempted by federal law.

Josh reads that as indicating that Arizona does not clearly conflict with the Texas law.  On his reading of the sentence, this is a question left open by Arizona, with Texas fairly raising an interstitial question ripe for litigation that could go either way.

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