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Chamber of Commerce of the United States v. Whiting

Docket No.: 09-115
Certiorari Granted: 06/28/10
Argued: December 8, 2010
Decided: 05/26/11

Topics:

Administrative Procedure, IIRIRA, Immigration and Naturalization, Labor Department, Medicaid, child labor, disparate impact, immigration, judicial review, patent, pre-emption clause, preemption, privacy

PartyNames: Chamber of Commerce of the United States of America, et al. v. Michael B. Whiting, et al.
Petitioner: Chamber of Commerce of the United States of America, et al.
Respondent: Michael B. Whiting, et al.

Court Below: United States Court of Appeals for the Ninth Circuit
Citation: 544 F.3d 976
Supreme Court Docket

Chamber of Commerce of the United States of America, et al.
v.
Michael B. Whiting, et al.
Question Presented:

1. Whether an Arizona statute that imposes sanctions on employers who hire unauthorized aliens is invalid under a federal statute that expressly preempt[s] any State or local law imposing civil or criminal sanctions (other than through licensing and similar laws) upon those who employ, or recruit or refer for a fee for employment, unauthorized aliens. 8 U.S.C. § 1324a(h)(2). 2. Whether the Arizona statute, which requires all employers to participate in a federal electronic employment verification system, is preempted by a federal law that specifically makes that system voluntary. 8 U.S.C. § 1324a note. 3. Whether the Arizona statute is impliedly preempted because it undermines the comprehensive scheme that Congress created to regulate the employment of aliens. Hoffman Plastic Compounds, Inc. v. NLRB, 535 U.S. 137, 147 (2002).

Question:

An Arizona law requires state employers to check the immigration status of job applicants through a federal computer database, although the federal law creating the database makes its use voluntary. Arizona also revokes the business license of state companies that hire undocumented workers. Are these provisions pre-empted by federal immigration laws?

Note:

JUSTICE KAGAN TOOK NO PART

Chamber of Commerce of the United States v. Whiting
ORAL ARGUMENT

12/08/10

Listen to Oral Argument in Chamber of Commerce of the United States v. Whiting
Holding: affirmed
Recused: J.,

Chamber of Commerce of the United States v. Whiting
Case Documents

1Chamber of Commerce of the United States v. Whiting Oral Argument Audio
2Opinion in Chamber of Commerce of the United States v. Whiting
3Chamber of Commerce of the United States v. Whiting Oral Argument Transcript (HTML)
4Opinion in Chamber of Commerce of the United States v. Whiting
5Chamber of Commerce of the United States v. Whiting Oral Argument Audio
6Chamber of Commerce of the United States v. Whiting Oral Argument Transcript (HTML)
Additional documents for this case are pending review.