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The Arizona Immigration case – at least in this first iteration – will turn on the law of Federal preemption.

Tony Mauro at has an article about the subject.

The Federalist Society hosted a mini-seminar on the matter. After listening to it for the full hour and a half, the only lessons I could derive are:

1) Federal Preemption law is a mess

2) Congress should make it clear exactly what they want to preempt and what they don’t. But they won’t.

3) Whether something is preempted is entirely a matter of the makeup of the court, and the particular complexities of the individual case before the court. This makes it very difficult to predict the outcome in any preemption case.

Here it is on Youtube.

You can get it as a podcast at the Itunes store as well.

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