Chamber of Commerce v. Whiting

Chamber of Commerce v. Whiting
Argued December 8, 2010
Decided May 26, 2011
Full case nameChamber of Commerce of the United States of America, et al., Petitioners v. Michael B. Whiting, et al.
Docket no.09–115
Citations563 U.S. 582 (more)
131 S. Ct. 1968; 179 L. Ed. 2d 1031
Case history
PriorDismissed for lack of jurisdiction sub. nom.Arizona Contractors Ass'n, Inc. v. Napolitano (Arizona Contractors I), 526 F. Supp. 2d 968 (D. Ariz. 2007); refiled, judgement for defendants sub nom. Arizona Contractors Ass'n, Inc. v. Candelaria (Arizona Contractors II), 534 F. Supp. 2d 1036 (D. Ariz. 2008); affirmed sub. nom. Chicanos Por La Causa, Inc. v. Napolitano, 558 F.3d 856 (9th. Cir. 2009); cert. granted, 561 U.S. 1024 (2010)
Holding
Arizona law instructing courts to suspend or revoke the business licenses of in-state employers that employ unauthorized aliens does not violate the Immigration Reform and Control Act of 1986.
Court membership
Chief Justice
John Roberts
Associate Justices
Antonin Scalia · Anthony Kennedy
Clarence Thomas · Ruth Bader Ginsburg
Stephen Breyer · Samuel Alito
Sonia Sotomayor · Elena Kagan
Case opinions
MajorityRoberts, joined by Scalia, Kennedy, Alito; Thomas (Parts I, II–A, and III–A; concurred in judgment)
DissentBreyer, joined by Ginsburg
DissentSotomayor
Kagan took no part in the consideration or decision of the case.

Chamber of Commerce v. Whiting, 563 U.S. 582 (2011), is a decision by the Supreme Court of the United States that upheld an Arizona state law suspending or revoking business licenses of businesses that hire illegal aliens.[1]

The case dealt with the question of whether the Legal Arizona Workers Act was invalid under federal statutes, in particular the Immigration Reform and Control Act. On May 26, 2011, the Supreme Court ruled, in a 5-3 decision, that the Legal Arizona Workers Act was not preempted by federal legislation.[2] Justices Roberts, Scalia, Kennedy, Alito and Thomas formed the majority opinion, and Justices Breyer, Ginsburg and Sotomayor formed the minority opinion, with Sotomayor filling her own dissenting opinion. Justice Kagan was recused in the case because she had a prior role in the case from her former role as Solicitor General of the United States.

  1. ^ "High court backs Arizona immigration law that punishes businesses". CNN.
  2. ^ 1. LawMemo, Chamber of Commerce of the United States v. Whiting, http://www.lawmemo.com/supreme/case/Chamber2/

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