Decided
Chamber of Commerce of the United States v. Whiting
Holding
The provision of the Legal Arizona Workers Act that provides for the suspension and/or revocation of the business licenses of Arizona employers who knowingly or intentionally employ unauthorized aliens is not expressly preempted by the federal Immigration Reform and Control Act, which prohibits the knowing hiring of unauthorized immigrants and preempts state laws imposing sanctions on those who hire unauthorized immigrants; the Arizona law falls within the IRCA's exception that preserves state authority to impose sanctions through licensing and similar laws. Nor is Arizona's requirement that employers use the federal E-Verify system to confirm eligibility for employment not impliedly preempted, as it does not conflict with the federal scheme, and the federal statute establishing E-Verify does not constrain state action. (Kagan, J., recused).
Plain English Holding
Federal law does not prevent Arizona from revoking the business licenses of state companies that knowingly hire undocumented workers, or from requiring employers in that state to use a federal electronic system to check that their workers are authorized to work in the United States.
Judgment
Affirmed, 5-3, in an opinion by John Roberts on May 26, 2011. Justice Thomas joined the opinion in part and concurred in part and concurred in the judgment. Justice Breyer filed a dissenting opinion, which was joined by Justice Ginsburg. Justice Sotomayor filed her own dissenting opinion. (Kagan, J., recused).
Merits Briefs
- Brief for Petitioner Chamber of Commerce of the United States of America
- Brief for Respondents Michael Whiting et al.
- Reply Brief for Petitioner Chamber of Commerce of the United States of America
Amicus Briefs
- Brief for the National Immigrant Justice Center, the American Immigration Lawyers Association, and the American Immigration Council in Support of Petitioner
- Brief for the Asian American Justice Center, the Anti-Defamation League, the Asian American Institute, Asian American Legal Defense and Education Fund, Asian Law Caucus, Asian Pacific American Legal Center of Southern California, Latinojustice PRLDEF, Lawyers’ Committee for Civil Rights Under Law, the League of United Latin American Citizens, Legal Aid Society – Employment Law Center, Los Abogados Hispanic Bar Association, National Council of La Raza, National Day Laborer Organizing Network, National Employment Law Project, Southern Poverty Law Center in Support of Petitioner
- Brief for the Service Employees International Union in Support of Petitioner
- Brief for Representative Romano L. Mazzoli, Senator Arlen Specter, and Representative Howard L. Berman in Support of Petitioner
- Brief for Business Organizations in Support of Petitioner
- Brief for the United States of America in Support of Petitioner
- Brief for the Immigration Reform Law Institute in Support of Respondent
- Brief for State Senator Russell Pearce in Support of Respondent
- Brief for the Eagle Forum Education and Legal Defense Fund in Support of Respondent
- Brief for Missouri, Alabama, Arkansas, Kansas, Louisiana, Michigan, Mississippi, Nebraska, North Dakota, South Carolina, Tennessee, Utah, and Virginia in Support of Respondent
Certiorari-Stage Documents
- Opinion below (9th Circuit)
- Petition for certiorari (unavailable)
- Brief in opposition (unavailable)
- Petitioner’s reply (unavailable)
- Amicus brief of the United States (invited) (grant, limited to question 1)
- Supplemental brief of petitioners (unavailable)
Related Coverage
May 28, 2009Application (08A1076) to extend the time to file a petition for a writ of certiorari from June 7, 2009 to August 6, 2009, submitted to Justice Kennedy.
Jun 2, 2009Application (08A1076) granted by Justice Kennedy extending the time to file until July 24, 2009.
Jul 24, 2009Petition for a writ of certiorari filed. (Response due August 27, 2009)
Aug 18, 2009Order extending time to file response to petition to and including September 28, 2009, for all respondents.
Aug 27, 2009Brief amici curiae of Business Organizations filed.
Aug 27, 2009Brief amici curiae of National Employment Law Project, et al. filed.
Aug 27, 2009Brief amici curiae of Asian American Justice Center, et al. filed.
Sep 28, 2009Brief of respondents Janice K. Brewer, Arizona Governor, et al. in opposition filed.
Oct 13, 2009Reply of petitioners Chamber of Commerce of the United States, et al. filed. (Distributed)
Oct 14, 2009DISTRIBUTED for Conference of October 30, 2009.
Nov 2, 2009The Solicitor General is invited to file a brief in this case expressing the views of the United States.
May 28, 2010Brief amicus curiae of United States filed.
Jun 7, 2010Supplemental brief of petitioners Chamber of Commerce of the United States, et al. filed. (Distributed)
Jun 8, 2010DISTRIBUTED for Conference of June 24, 2010.
Jun 17, 2010Supplemental brief of respondents Janice K. Brewer, Arizona Governor, et al. filed. (Distributed)
Jun 28, 2010Petition GRANTED.
Jul 13, 2010Record received from U.S.D.C. for District of Arizona. (1 envelope)
Jul 15, 2010Record received from U.S.C.A. for 9th Circuit. (1 envelope)
Jul 30, 2010Consent to the filing of amicus briefs, in support of either party or of neither party, received from counsel for the petitioner.
Jul 30, 2010Consent to the filing of amicus briefs, in support of either party or of neither party, received from counsel for respondents.
Aug 2, 2010The time to file the joint appendix and petitioners' brief on the merits is extended to and including September 1, 2010.
Aug 2, 2010The time to file respondents' brief on the merits is extended to and including October 21, 2010.
Sep 1, 2010Joint appendix filed. (Statement of Costs received.).
Sep 1, 2010Brief of petitioners Chamber of Commerce of the United States, et al. filed.
Sep 7, 2010SET FOR ARGUMENT ON Wednesday, December 8, 2010.
Sep 7, 2010Justice Kagan is recused in this case.
Sep 8, 2010Brief amicus curiae of United States filed.
Sep 8, 2010Brief amici curiae of Business Organizations filed.
Sep 8, 2010Brief amici curiae of Representative Romano L. Mazzoli. et al. filed.
Sep 8, 2010Brief amici curiae of Asian American Justice Center, et al. filed.
Sep 8, 2010Brief amici curiae of National Immigrant Justice Center, et al. filed.
Sep 8, 2010Brief amicus curiae of Equal Employment Advisory Council filed.
Sep 8, 2010Brief amicus curiae of Service Employees International Union filed.
Oct 8, 2010CIRCULATED
Oct 21, 2010Brief of respondents Michael B. Whiting, et al.
filed. (Distributed)
Oct 27, 2010Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Oct 27, 2010Brief amicus curiae of Immigration Reform Law Institute filed. (Distributed)
Oct 28, 2010Brief amicus curiae of American Center for Law and Justice filed. (Distributed)
Oct 28, 2010Brief amicus curiae of American Unity Legal Defense Fund filed. (Distributed)
Oct 28, 2010Brief amicus curiae of NumbersUSA Education & Research Foundation filed. (Distributed)
Oct 28, 2010Brief amicus curiae of Eagle Forum Education & Legal Defense Fund filed. (Distributed)
Oct 28, 2010Brief amicus curiae of State Senator Russell Pearce filed. (Distributed)
Oct 28, 2010Brief amici curiae of Missouri, et al. filed. (Distributed)
Nov 15, 2010Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. Justice Kagan took no part in the consideration or decision of this motion.
Nov 22, 2010Reply of petitioners Chamber of Commerce of the United States, et al. filed. (Distributed)
Dec 8, 2010Argued. For petitioners: Carter G. Phillips, Washington, D. C.; and Neal Kumar Katyal, Acting Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Mary R. O'Grady, Solicitor General, Phoenix, Ariz.
May 26, 2011Adjudged to be AFFIRMED. Roberts, C. J., delivered the opinion of the Court, except as to Parts II-B and III-B. Scalia, Kennedy, and Alito, JJ., joined that opinion in full, and Thomas, J., joined as to Parts I, II-A, and III-A and concurred in the judgment. Breyer, J., filed a dissenting opinion, in which Ginsburg, J., joined. Sotomayor, J., filed a dissenting opinion. Kagan, J., took no part in the consideration or decision of the case.
Jun 27, 2011JUDGMENT ISSUED.
Jun 28, 2011Record returned to U.S.D.C. for District of Arizona.
Recommended Citation: Chamber of Commerce of the United States v. Whiting, SCOTUSblog, https://www.scotusblog.com/cases/chamber-of-commerce-of-the-united-states-v-candelaria/