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CALIFORNIA PROPOSITION 8:

A federal judge in San Francisco overturned California's gay marriage ban Wednesday with an unequivocal ruling that could eventually force the U.S. Supreme Court to confront the question of whether same-sex couples have a constitutional right to wed. msnbc.com and news services. August 5, 2010.

SECOND AMENDMENT:

The Supreme Court, in McDonald v. Chicago, explicitly stated that the right to bear arms under federal law also extends to state laws too, since the U.S. Constitution cannot be overridden by state laws. The decision ultimately overturns restrictive gun laws in the Chicago area (which were the specific subject of this case) and sets a precedent which preempts all states from making laws that run contrary to the Second Amendment San Diego Conservative Examiner. June 28, 2010.

ILLEGAL IMMIGRATION:

The United States Justice Department filed a lawsuit on July 6, 2010 challenging Arizona's Support Our Law Enforcement and Safe Neighborhoods Act (SB 1070) as usurping the federal government's authority to regulate immigration laws and enforcement. The plaintiff referenced the notion of federal preemption and stated that "The Constitution and the federal immigration laws do not permit the development of a patchwork of state and local immigration policies throughout the country." Additionally, the Justice Department in its motion requested that the federal courts issue an injunction to enjoin enforcement of the law before it goes into effect.

On July 28, 2010, US district judge Susan R. Bolton ruled against some key portions of SB 1070, which would require police to check the immigration status of those they arrest or whom they stop and suspect in the country illegally.

The state of Arizona filed an appeal July 29, 2010. http://www.azcentral.com/news/election/azelections/articles/2010/07/28/20100728arizona-immigration-law-court-ruling

Illegal immigrants can qualify for in-state college tuition, court rules

Critics say the California law that state Supreme Court justices upheld conflicts with a federal ban on undocumented immigrants getting college benefits based on residency. An appeal to the U.S. Supreme Court is expected.

November 15, 2010|By Maura Dolan and Larry Gordon, Los Angeles Times

Illegal immigrants who graduated from state high schools can continue to receive lower, in-state tuition at California's public universities and colleges, the California Supreme Court decided unanimously Monday.

The ruling is the first of its kind in the nation. California is one of 10 states that permit undocumented immigrants to receive in-state tuition, which can save them $23,000 a year at the University of California.

Throughout the country, the California court decision will have reverberations," said Daniel J. Hurley, director of state relations and policy analysis for the American Assn. of State Colleges. He predicted that it would discourage challenges to similar policies in other states.

Federal law prohibits illegal immigrants from receiving college benefits based on residency and not provided to all citizens.

A lawyer for the conservative Pacific Legal Foundation, which sided with the challengers in the case, said the ruling failed to acknowledge "clear tension between federal law and the state's special financial benefits for illegal immigrant students." The case is expected to be appealed to the U.S. Supreme Court.