Justices vote against Arizona’s proof of citizenship law

This is an archived article and the information in the article may be outdated. Please look at the time stamp on the story to see when it was last updated.
Immigration bill would boost number of legal immigrants

Courtesy LA Times

WASHINGTON– The Supreme Court on Monday tossed out a provision in Arizona’s voter registration law that required proof of citizenship.

The 7-2 majority said the state’s voter-approved Proposition 200 interfered with federal law designed to make voter registration easier.

The state called the provision a “sensible precaution” to prevent voter fraud. Civil rights group countered that it added an unconstitutional and burdensome layer of paperwork for tens of thousands of citizens.

Justice Antonin Scalia said the National Voter Registration Act of 1993 “forbids states to demand an applicant submit additional information beyond that required by the federal form.”

But in a nod to state authority, Scalia said the federal law “does not prevent states from denying registration based on any information in their possession establishing the applicant’s eligibility.”

The appeal was a classic federalism dispute, on the often delicate line between conflict and cooperation between state and federal governments over enforcing voting procedures. During last year’s election, there were numerous court challenges to state voter identification laws at the polls. The current fight has produced a range of states, lawmakers and advocacy groups on both sides on the gateway issue of registration. The Obama Justice Department opposed the Arizona law, which went beyond what other states have done to ensure integrity in the registration system.

Retired justice Sandra Day O’Connor, an Arizona native, was among those who attended the spirited April oral arguments.

National Voter Registration Act

Justice Anthony Kennedy a year ago blocked the Arizona law from being enforced, while the high court decided internally whether to accept pending appeals for review. The ballot measure was passed in 2004 and has been lingering in the federal courts ever since.

The Constitution’s Article I says “the times, places, and manners of holding elections for senators and representatives shall be prescribed in each state by the legislature.” But Congress is also given the power “to make or alter such regulations.”

For more on this CNN story, click here.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

Notice: you are using an outdated browser. Microsoft does not recommend using IE as your default browser. Some features on this website, like video and images, might not work properly. For the best experience, please upgrade your browser.