Obama and Kagan To Attack Arizona Immigration Law?
Direction Of Immigration Enforcement May Be Decided By Kagan Court

Arizona's immigration law hangs as the biggest constitutional question in the news  today.  Obama has threatened to use federal "preemption" -- arguing that the state's law illegally intrudes on immigration enforcement, which is a federal responsibility.

If Solicitor General Elena Kagan is confirmed to take the seat of Justice John Paul Stevens on the Supreme Court, she will likely be confronted with a constitutional challenge to Arizona’s immigration law.   Is Obama is trying to end run Congress again with a direct conflict of interest by having the Supreme Court and possibly Kagan rule on the Arizona Immigration Law since it is a case that she will have filed for Obama?

The direction of immigration enforcement may be decided by a Supreme Court that Kagan will rule on.  Kagan has issued opinions on two separate cases which shed some light on how she has approached the immigration issue.  Kagan’s approach to immigration cases appears to hold that illegal aliens — regardless of their status — are fully protected with citizens' rights by the U.S. Constitution.

The timing could not be worse to be having Kagan "fast-tracked" on to the SCOTUS, as Solicitor General Elena Kagan has consistently avoided controversial issues that come before the U.S. Supreme Court, and her record is opaque.  That will change when the potential Supreme Court nominee files a brief providing the administration’s views of the Arizona immigration law. Now would seem to be a good time to inquire, of a potential Supreme Court member, about the constitutionality of this new law.

Arizona's new immigration law has generated an enormous national backlash, with critics alleging that it is unconstitutional. But numerous other states like Pennsylvania are now proposing similar laws to arrest illegal alien criminals. The Department of Justice says it's considering a lawsuit against Arizona for that very reason. Suddenly, the authority to demand citizenship papers has become one of the top constitutional issues on people's minds.

Democrats will avoid the controversial issue. Liberals oppose the law vocally but senators know that asking Obama’s nominee about Arizona is risky and gives Kagan the opportunity to say something that will blow up into controversy.

Kagan will likely duck the question, as she herself noted in a 1995 book review on Supreme Court confirmations, nominees can easily evade pointed legal questions by claiming the subject is either too vague “without a specific case at hand, preconceived notions shouldn't be aired” or too specific -- “it's inappropriate to comment on a matter that may come before the court”. And this law realistically may wind up as the subject of a Supreme Court case.

It's unlikely Kagan will answer any direct questions about the law, but will reserve her judgment until the Arizona immigration law is ruled on by a Kagan Court -- at the expense of the U.S. Constitution!

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