CHAMBER OF COMMERCE OF the UNITED STATES of America; Oklahoma State Chamber of Commerce and Associated Industries; Metropolitan Tulsa Chamber of Commerce, Inc.; Greater Oklahoma City Chamber of Commerce, Inc.; Oklahoma Restaurant Association; Oklahoma Hotel and Lodging Association, Plaintiffs-Appellees,
v.
W.A. Drew EDMONDSON, in his official capacity as Attorney General for the state of Oklahoma; Keith McArtor, Stan Evans, Mark Ashton, Ann Cong-Tang, Elvia Hernandez, Rita Maxwell, Teresa Rendon, Sammie Vasquez, Sr., and Juanita Williams, in their official capacities as members of the Oklahoma Human Rights Commission, Defendants-Appellants, and
Thomas E. Kemp, Jr., Jerry Johnson, and Constance Irby, in their official capacities as members of the Oklahoma Tax Commission, Defendants-Appellants.
American Civil Liberties Union; National Immigration Law Center; Change to Win; Arizona Chamber of Commerce and Industry; Colorado Association of Commerce and Industry; Illinois Chamber of Commerce; Indiana Chamber of Commerce; Kansas Chamber of Commerce; Kentucky Chamber of Commerce; Missouri Chamber of Commerce and Industry; New Jersey Chamber of Commerce; Pennsylvania Chamber of Business and Industry; Tennessee Chamber of Commerce and Industry; Texas Association of Business; Association of Washington Business; West Virginia Chamber of Commerce; Lawyers' Committee for Civil Rights of the San Francisco Bay Area; Asian American Legal Defense Education Fund; Asian Pacific American Legal Center; Centro Legal, Inc.; Immigration Equality; La Raza Centro Legal; Legal Aid Society-Employment Law Center; National Center for Lesbian Rights; Southern Poverty Law Center; Women's Employment Rights Clinic; Human Resource Initiative for a Legal Workforce; Associated Builders and Contractors, Inc., Amici Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
February 2, 2010.
February 2, 2010.
Attorney(s) appearing for the Case
M. Daniel Weitman, Assistant Attorney General (Kevin L. McClure, Assistant Attorney General, and Sandra D. Rinehart, Senior Attorney General, with him on the briefs), Oklahoma Attorney General's Office, Oklahoma City, OK, for Defendants-Appellants Edmondson and Human Rights Commissioners.
Guy L. Hurst, Assistant General Counsel, Oklahoma Tax Commission, Oklahoma City, OK, for Defendants-Appellants Tax Commissioners.
Carter G. Phillips (Eric A. Shumsky, Robert A. Parker, and Brian E. Nelson; and Robin S. Conrad and Shane Brennan, National Chamber Litigation Center, Inc., with him on the briefs), Sidley Austin LLP, Washington, DC, for Plaintiffs-Appellees.
David A. Selden and Julie A. Pace, Ballard Spahr Andrews & Ingersoll, LLP, Phoenix, AZ, and Burt M. Rublin, Ballard Spahr Andrews & Ingersoll, LLP, Philadelphia, PA, filed an Amici Curiae brief for The Human Resource Initiative For a Legal Workforce and Associated Builders and Contractors, Inc.
Patrick J. Szymanski, General Counsel, Change to Win, and John M. West, Bredhoff & Kaiser, P.L.L.C., Washington, D.C., filed an Amicus Curiae brief for Change to Win, in support of Appellees.
Lucas Guttentag and Jennifer Chang Newell, America Civil Liberties Union Foundation, Immigrants' Rights Project, San Francisco, CA, Omar Jadwat, American Civil Liberties Union Foundation, Immigrants' Rights Project, New York, NY, Andrew Tauber, Mayer Brown LLP, Washington, DC, and Linton Joaquin, Karen C. Tumlin, and Nora A. Preciado, National Immigration Law Center, Los Angeles, CA, filed an Amici Curiae brief for American Civil Liberties Union and National Immigration Law Center, in support of Appellees.
Walter Dellinger, Sri Srinivasan, and Justin Florence, O'Melveny & Myers LLP, Washington, DC, filed an Amici Curiae brief for The Arizona Chamber of Commerce and Industry, The Colorado Association of Commerce and Industry, The Illinois Chamber of Commerce, The Indiana Chamber of Commerce, The Kansas Chamber of Commerce, The Kentucky Chamber of Commerce, The Missouri Chamber of Commerce and Industry, The New Jersey Chamber of Commerce, The Pennsylvania Chamber of Business and Industry, The Tennessee Chamber of Commerce and Industry, The Texas Association of Business, The Association of Washington Business, and the West Virginia Chamber of Commerce, in support of Appellees.
Kevin M. Fong and Brian J. Wong, Pillsbury Winthrop Shaw Pittman LLP, and Robert Rubin and Nira Geevargis, Lawyers' Committee for Civil Rights of the San Francisco Bay Area, San Francisco, CA, filed an Amici Curiae brief for Lawyers' Committee for Civil Rights of the San Francisco Bay Area, et al., in support of Appellees.
Before KELLY, LUCERO, and HARTZ, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
LUCERO, Circuit Judge.
The Oklahoma Taxpayer and Citizen Protection Act of 2007 (the "Act" or the "Oklahoma Act") is one of a multitude of recent state enactments that regulate illegal immigration and verification of employment eligibility. This case implicates three provisions of the Act. Section 7(B) forces businesses to utilize the Basic Pilot Program to verify the work authorization status of their employees on pain of debarment from contracting with Oklahoma...
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