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Ariz. immigration law reaches Supreme Court

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    How will high court rule?

  • Duration 4:11
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This transcript is automatically generated

He just under three hours the battle over Arizona's.

Immigration law will take center stage at the Supreme Court justices will kill hear oral arguments on the law that sparked protests and boycotts all over the country so how can we expect.

This case to play out.

Let's talk to Fox News legal analyst -- just agency.

Doing well thank you very much you've got laid out like a baseball -- baseball game we did it with Obama -- the same a lot of the same players the same lawyers this time it's -- like the Red Sox and the Yankees -- -- Manila all over again Ali Fraser.

Let's go what's gonna happen the first thing -- who comes off.

The field.

Justice Kagan just like on and off the field she's recusing herself she's stepping out she said.

I worked on this issue as solicitor general the United States she's going to be offseason I got out she's in the -- okay now on because let's an important point here because she's out -- could be -- 44 tie it could be a 44 tie.

Where you have before the justices Ginsburg Sotomayor and -- are lining up for sure with one of the other justices perhaps candidly.

Perhaps the -- in a 44 tie in a 44 tie as you pointed out.

The government wins those four provisions with regard to.

Stopping illegal immigrants with regard to -- reasonable suspicion.

And an ID.

They go out the window but only yes in the ninth circuit correct only in the ninth circuit meaning we can come back again.

In other states and south.

On this exact.

Same issue okay itself right up front you got Kennedy he's he's real critical vote right justice -- critical -- just he was on -- obamacare.

We anticipate that -- dinner.

I don't I -- a switch hitter but we'll hear some questions from him today with regard to Protestant searing questions with regard to what's actually happening in Arizona.

That becomes a critical piece federal government is saying listen stay out of the foreign policy power that's the federal government.

Arizona is saying you've created -- mess all we want to do is enforce your laws and with regard to carrying ID and with regard to not.

Being employed as an illegal immigrant.

You know that you know something -- said it is pretty striking that is.

Did people on the left in the left field and right -- politically are pretty reliable they're gonna go yep.

You got to throw it out and there is any doubt what whereas it's the people who on the right some of the people in the right here you're seeing -- more well.

And -- -- some people are saying Justice Scalia.

May be an issue with regard to this case.

Because he's written about the federal power with regard to immigration right so he said courts.

Should stay out of immigration issues that it's a matter of discretion.

So -- courts should stay out of it should states -- didn't stay out of the world must be she's going to be.

Does the state have the power.

To enforce federal laws in my view the federal government asks the state and all kinds of statutes to strip and in fact in the state of Arizona.

Right now the federal government.

Pays certain counties and Arizona ready to help enforce federal.

Immigration laws and out of the players on the field right here who's the biggest -- supremacy clause that says.

Whatever a state passes it's still the federal government well it's interesting a lot of the conservative justices to point to the ability -- the power.

Of the federal government.

To be supreme in the real constitutional.

Hosts still as a constitutional.

Argument one way.

Or the other state of Arizona saying listen we're complying with the constitution in fact some laws that we've adopted.

Mirror federal laws did the exact same thing.

Why are you giving -- -- -- -- for enforcing these things exit question Donald -- when he argued the Health Care Reform law.

Had a really bad time.

A good event I think you'll have a better time to get a harder time responding to why there's such a crime wave.

Why the jails are over subscribed -- and why people are afraid in Arizona that's the real American.

Issue legal issue and a daily issue that needs to be.

Brought together in this case great demonstration of how it's gonna work -- if you're trying to do you think you are not coming up.

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