Legal Opinion

United States v. State of South Carolina

Court of Appeals for the Fourth Circuit

Decided July 23, 2013No. 12-1096, 12-1099, 12-2514, 12-2533PublishedCited by 108 opinions

1Opinion of the Court

Affirmed by published opinion. Judge DAVIS wrote the opinion, in which Judge DUNCAN and Judge AGEE joined.

DAVIS, Circuit Judge:

In 2011, the South Carolina legislature passed, and the governor signed, a package of immigration laws known as Act 69 (“the Act”). In this pre-enforcement challenge, the district court preliminarily enjoined Sections 4, 5, and 6(B)(2) of the Act on federal preemption grounds. These sections made it a state criminal offense for (1) a person unlawfully present in the United States to conceal, harbor, or shelter herself from detection, or allow herself to be transported…

2Cases cited35 opinions

  1. Younger v. HarrisSupreme Court of the United States · 1971
  2. Ex Parte YoungSupreme Court of the United States · 1908
  3. Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
  4. Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
  5. Hines v. DavidowitzSupreme Court of the United States · 1941

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3Cited by108 opinions

  1. Valle Del Sol v. State of ArizonaCourt of Appeals for the Ninth Circuit · 2013
  2. Pedro Lozano v. City of HazletonCourt of Appeals for the Third Circuit · 2013
  3. Planned Parenthood KS & Mid-MO v. BrownbackCourt of Appeals for the Tenth Circuit · 2014
  4. Stone v. TrumpDistrict Court, D. Maryland · 2017
  5. Erie Insurance Exchange v. Maryland Insurance AdministrationCourt of Appeals for the Fourth Circuit · 2024

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