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Supreme Court to hear Arizona immigration law challenge

The US Supreme Court [official website] granted certiorari order list, PDF] Monday in Arizona v. United States [docket; cert. petition, PDF] to determine whether Arizona's controversial immigration law [SB 1070 materials; JURIST news archive] is preempted by federal law. SB 1070 criminalizes illegal immigration and requires police officers to question an individual's immigration status if the officer has a "reasonable suspicion" to believe an individual is in the country illegally. The US Court of Appeals for the Ninth Circuit upheld an injunction in April before the law ever took effect, and Arizona asked the high court to weigh in [JURIST reports]. Last month, the US Department of Justice [official website] urged the Supreme Court not to hear the appeal [JURIST report].

Also Monday, the Supreme Court agreed to rule in RadLAX Gateway Hotel, LLC v. Amalgamated Bank [docket; cert. petition, PDF] to determine whether a debtor may pursue a chapter 11 [text] plan that proposes to sell assets free of liens without allowing the secured creditor to credit bid, but instead providing it with the indubitable equivalent of its claim under § 1129(b)(2)(A)(iii) [text] of the Bankruptcy Code. The US Court of Appeals for the Seventh Circuit affirmed [opinion, PDF] a bankruptcy court's ruling that denied debtors' bid procedures motions.

Finally, the court consolidated the cases of Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak [docket; cert. petition, PDF] and Salazar v. Patchak [docket; cert. petition, PDF], which deal with US sovereign immunity in suits involving "trust or restricted Indian lands." David Patchak filed suit to prevent the Secretary of the Interior from holding land in trust for a Michigan Indian tribe. The district court dismissed his suit for lack of standing. The US Court of Appeals for the District of Columbia Circuit ruled [opinion, PDF] that he had standing but found that the US was immune from suit.

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