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Should the Supreme Court choose to ignore these plane in an ambiguous statements of congressional intent.
And uphold SB 1070.
I'll introduce legislation that will reiterate that congress does not intend for states.
To enact their own immigration enforcement schemes.
The cases in the courts it's going to be argued tomorrow hand.
The timing of the hearing suggested to us this was either an attempt to influence the court decision which would be improper.
Or simply to create a political sideshow.
Well Wednesday oral arguments started the US Supreme Court in the case the constitutionality of Arizona's controversial immigration law.
That sparked democratic action in the senate a senate judiciary subcommittee hearing today he saw a piece of that.
This comes in a political context of a general election battle that likely will shape up.
In which the Republicans are seeing a some low poll numbers depending on the poll you look at.
Among Latinos across America the Pew Research Center has a poll out that says President Obama is at 67%.
Among Hispanics 27%.
For Mitt Romney.
Again that was earlier in April so what about this move by Democrats let's bring in our special expanded panel Fox News senior political analyst Brit Hume.
Juan Williams columnist for the hill Steve Hayes senior writer for the weekly standard and syndicated columnist program.
Our -- what about this move and -- of the atmosphere around.
Well politics governor pretty straightforward this is a big music immigration enforcement measures like the one Arizona -- -- popular with the broad public.
But not within the Latino community.
So it cuts this is that this is an issue that cuts both ways as a legal matter.
I would be surprised -- Supreme Court reversed this because the government that the government is saying with administration saying it.
-- Arizona's law which it which basically enforces federal immigration law in fact interferes with it.
And is there therefore should fall because federal law is supreme.
It's not at all clear to me of the justices -- it that -- Don't want you heard senator Kyl there charging that this effort and in the senate today was really an effort to pressure the Supreme Court.
It in the wake of what President Obama said in the Rose Garden about the health care.
How does that play you know that charge Republicans are making that senate Democrats are trying to.
Pressure pressure justices before this -- -- comes up.
I don't know if they're trying to pressure the justices I think it's more of it the case that they are trip playing to the political -- out there and especially people who were concerned.
That this law is improper and potentially would lead to racial profiling and -- I think it's important and make a distinction between that argument and the argument that people will hear in your report on tomorrow in the court which has nothing to do.
With any bit the business about racial profiling or discrimination against people who might look to someone is there.
They are illegal immigrant tomorrow they are who will be -- Brit Hume was just saying about.
You know preemption.
Is that the case that the Arizona law preempt the federal effort.
To have an immigration policy it's a national policy.
And the Arizona argument will be it's not preemptive you guys haven't been enforcing the -- you don't have a policy and we're trying to fill a hole.
And I think that you're -- lots of back and forth and of course.
It on the liberal on the liberal side the hope is actually.
That the court does nothing -- -- just with Elena Kagan having to text -- recuse herself because she was -- Justice Department lawyer.
How when the Justice Department was acting against the Arizona law.
They're just hoping there's sort of -- -- ninth circuit decision conferencing and just go holes which would stop enforcement of the law Stephen.
Nobody's hiding the fact of the politics surrounding this move by the senate today I mean even Democrats are acknowledging.
There's all kind of lays them on the table.
-- so what does it no I mean this this whole this whole thing happen on Capitol Hill today.
Was about politics we've seen this before I mean you've had the president's make president I'm making speeches.
Promising once again to go back to immigration reform saying against you know all -- the -- that he's going to have to work on.
Immigration reform that something could happen this year you've had Democrats making that argument.
This is all our politics and it has to do with presidential election and and other elections but if you look at.
The percentage of the Hispanic vote each of the last three elections.
Has increased by a point the total percentage of the vote that is Hispanic has increased so.
-- proportion if you have more Hispanics voting for the Democrat over the Republican.
It matters more every successive election because there are more Hispanics -- Charles.
I'm just surprised I wanna -- -- and Democrats.
The principle of judicial supremacy was established in 1803.
And generally speaking Democrats like it in fact.
They worship at the shrine of the abortion decision.
Forty years ago.
Overturned a democratically.
Passed laws are on abortion restrictions in the 46 states.
They're not only -- -- that laugh it's so important to tell them that nobody can be considered for the Supreme Court.
-- by the Democrats unless they uphold and support.
The abortion decision and now all of a sudden starting -- Obama and going to Schumer all of a sudden they're threatening the court.
And saying if you don't know Schumer saying if you don't overturn this -- And -- would introduce legislation.
I mean you know they really ought to have a sense that the republic endures after Election Day and there is a principle at stake here.
And if the party start attacking at the way Newt Gingrich did in when he did.
Protect the idea of judicial supremacy in the -- earlier in the campaign he was attacked by a lot of Republicans.
And conservatives for posing a principal in the end of democracy has to have an arbiter.
Of what's constitutional and has -- have a single orbiter and the court is the right place and to hear Democrats opposing it repeatedly.
He's rather disappointing Brett.
If the justices have eyes to see -- you'll notice that the measure that senator Schumer talking about were -- reverse the court and effective -- court rule but the whole Arizona law is can go forward.
His -- is going nowhere.
And they might feel to ram it through the senate somehow but it will go nowhere in the house representatives in this therefore as a as a legislative matters and -- it's an empty gesture and not gonna happen.
Institutional even -- parent who wants to court -- -- -- decides it's decided so I guess one the question is.
Is this is set -- to run against congress Republican House and run against the US Supreme Court if health care comes back.
Shooting it down it -- Arizona comes back.
Yeah I mean that the problem here you know is that the White House the Democrats on Capitol -- view the court right now as a conservative court.
And I'm very activist.
You've got several critical issues not only health care not only immigration -- gonna go into a voting rights case.
This is gonna go on that there's several highly politicized case is coming down the pipe.
And the Democrats feel they can run against a court that has been in if you look at the polls losing some credit dilute the general public.
With regard to its ability to be impartial not to simply.
Be an extension of the polarized politics that we see played out elsewhere in Washington I don't know the Supreme Court poll ratings went up after the health care or not -- no I'm since 2000.
And bush V gore and then you come forward its bid those numbers have been going them but -- supreme courts number.
Reliability and -- message that's making him work -- -- congress' numbers that -- let's make it you know maybe they'll do that if if these decisions don't go away that they want.
The -- Latin Hispanic voters -- the President Obama did fourteen points better.
Among Hispanic voters and John Kerry did in 2004 is that a problem for Republicans right now as it stands today is that a problem I think permit -- I think -- you're gonna see Mitt Romney make a major concerted effort to reach out to Hispanic voters.
-- softened his language on things like the Arizona law -- -- -- -- model for the nation.
I don't think we'll hear him.
Repeat that I do expect that he will eventually embrace something like this Marco Rubio.
DREAM Act light that is being discussed I think what you say yes to -- -- -- -- so -- Trust class work.
Well -- -- -- and I think will be a good thing for Republicans to attack.
And Democrats on this tampering with judicial supremacy.
I think bridge right -- the courts have a much higher.
I standing in the and in.
In the consciousness of the public and they did accomplish or even the presidency and it's not a good idea to go.
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