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SCOTUS rules on immigration case, life sentences for juveniles

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The U.S. Supreme Court Monday affirmed in part and reversed in part Arizona’s controversial immigration law. The justices also found that a life sentence without possibility of parole for juveniles violates the Eighth Amendment.

In Arizona, et al. v. United States, 11-182, Justice Anthony Kennedy delivered the opinion for the court. Only four provisions of the law were at issue. The majority found sections 3, 5(C) and 6 of Arizona Senate Bill 1070 are pre-empted by federal law.

Section 3, which makes failure to comply with federal alien registration requirements a state misdemeanor, “intrudes on the field of alien registration, a field in which Congress has left no room for States to regulate,” the opinion states. The criminal penalty in Section 5(C), a section that makes it a misdemeanor for an unauthorized alien to seek or engage in work in the state, “stands as an obstacle to the federal regulatory system.” Section 6, which authorizes officers to arrest without a warrant someone “the officer has probable cause to believe … has committed any public offense that makes the person removable” from the U.S. also creates an obstacle to federal law by authorizing state and local officers to make warrantless arrests of certain aliens suspected of being removable.

The justices also decided it was improper to enjoin Section 2(B) before the state courts had an opportunity to construe it and without showing that the section’s enforcement actually conflicts with federal immigration law and its objectives. Section 2(B) requires officers conducting a stop, detention or arrest to make efforts in some circumstances to verify the person’s immigration status with the federal government.

Chief Justice John Roberts and Justices Ruth Bader Ginsburg, Stephen Breyer and Sonia Sotomayor joined Kennedy’s opinion. Justices Antoin Scalia, Clarence Thomas and Samuel Alito filed opinions concurring in part and dissenting in part. Justice Elena Kagan didn’t participate.

In a 5-4 decision, the justices ruled that the Eighth Amendment forbids a sentencing scheme that mandates life in prison without the possibility of parole for juveniles convicted of homicides.

The decision comes in Miller v. Alabama, 10-9646, in which juvenile Miller and his friend beat Miller’s neighbor and set fire to his trailer after doing drugs and drinking. The neighbor died. Miller was in adult court on a charge of murder in the course of arson. He was found guilty and the trial court imposed a statutorily mandated life without parole. The Alabama appeals court affirmed. The companion case to Miller is Jackson v. Hobbs, director Arkansas Dept. of Correction, 10-9647, in which Jackson, who was 14, received a mandatory term of life in prison without possibility of parole after being convicted of murder.

The majority cited caselaw that established children are constitutionally different from adults for sentencing purposes and those rulings show the flaws of imposing mandatory life sentences without the possibility of parole on juvenile homicide offenders.

Kagan delivered the court’s opinion and was joined by Kennedy, Ginsburg, Breyer and Sotomayor. Bryer and Sotomayor also concurred in a separate opinion. Roberts dissented and was joined by Scalia, Thomas and Alito. Thomas and Alito also wrote dissenting opinions.

The Supreme Court also decided American Tradition Partnership, Inc., et al. v. Steve Bullock, Attorney General of Montana, et al., 11-1179. The Supreme Court of Montana was summarily reversed 5-4 on its ruling regarding a state law that a “corporation may not make … an expenditure in connection with a candidate or a political committee that supports or opposes a candidate or political party.” The state supreme court rejected the claim that the statute violates the First Amendment.

The justices found that Citizens United v. Federal Election Commission, 558 U.S. ___ (2010), applies to the Montana law. Citizens United struck down a similar federal law, holding that political speech does not lose First Amendment protection just because it’s source is a corporation.

Breyer, Ginsburg, Sotomayor and Kagan dissented. They said they would vote to grant the petition for certiorari in order to reconsider Citizens United, or at least, its application in this case. Instead they voted to deny it because they did not believe Citizens United would be reconsidered by the court.

The much anticipated health care rulings will likely come Thursday, as the court announced it will sit again this week.

 

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  • LWOP for juveniles was not struck down
    The Miller case did not rule that life imprisonment without parole is unconstitutional. Rather it held that such statutes are unconstitutional only when they make LWOP mandatory without allowing the sentencer to consider facts such as the defendant's age.

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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