Discussion at At the Lectern, a blog about California appellate law. Excerpt:
Florida’s Supreme Court yesterday issued an advisory opinion concluding that undocumented immigrants cannot obtain law licenses in that state. The California Supreme Court early this year reached the opposite conclusion for this state in In re Garcia. The Florida opinion makes clear — if there were any doubt — that the dispositive difference between the two states was a statute quickly enacted by the California Legislature to specifically authorize the licensing of otherwise qualified undocumented immigrants. Because Florida has no similar statute, the Florida court held, federal law precludes bar admission. Oral argument before the California Supreme Court in the Garcia case strongly indicated that the court was going to reach the same conclusion if the Legislature had not quickly acted.
Relying heavily on the Garcia opinion, a reluctant concurring opinion in the Florida matter urges the Florida Legislature to follow California’s lead, stating that “the Florida Legislature is in the unique position to act on this integral policy question and remedy the inequities that the unfortunate decision of this Court will bring to bear.”