As expected, the Obama Administration is suing in federal court to block implementation of Arizona's immigration law. I'm not a fan of the new Arizona immigration law. But I'm also not an expert on constitutional law.
Walter Dellinger is. He is presently on leave from the faculty at Duke Law School, serving as head of the appellate practice at the firm O'Melveny and Meyers. He held several positions in the Clinton Administration, including acting Solicitor General, and argued nine cases before the Supreme Court during that time.
Via email, I asked Dellinger whether he thought he thought the Arizona statute was constitutional. His answer was unequivocal: No.
I also asked Dellinger whether other federal judges, including those on the Supreme Court, might disagree. His response:
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