Supreme Court Appears to Chastise Biden Admin In Major Immigration Case
Photo of Martin Walsh Martin WalshMarch 30, 2023
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OPINION: This article may contain commentary which reflects the author's opinion.
The U.S. Supreme Court recently heard arguments in two closely-watched immigration cases that could set major precedents.
In one case, United States v. Hansen, the justices heard oral arguments this week and appeared divided on the constitutionality of a federal law that bans “encouraging” immigrants to remain unlawfully in the United States violates the First Amendment’s guarantee of freedom of speech.
“The argument also sheds more light on the newer justices’ views on the freedom of speech. The newly reconfigured Court appears less strongly speech-protective than its recent predecessors — and perhaps interested in making big moves to constrain or even do away with the overbreadth doctrine. That doctrine allows a defendant to whom a law can be constitutionally applied to nonetheless challenge it as unconstitutional if the law makes a substantial amount of protected speech illegal, so that uncertainty about the scope of the law may chill protected speech,” SCOTUS Blog reported.
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