Lucas Guttentag: Discrimination, Preemption, and Arizona’s Immigration Law

Stanford Law Review Online today published an article by Lucas Guttentag (Yale) analyzing the upcoming Supreme Court ruling in Arizona v. United States.  Guttentag opines that, in reviewing the United States’s preemption challenge under the Supremacy Clause, the Court is failing to consider critical questions about discrimination and civil rights.  I tend to agree with Professor Guttentag and have so stated in a column in the Jurist after the oral arguments and in an article on the Alabama immigration law recently posted on the Social Science Research Network.

KJ