I keep hearing that section 2B has been “handed back to the 9th circuit”
But after reading parts of the opinion, I didn’t see that. What I did see in the SCOTUS opinion was that this matter has to be settled at the state court level, after demonstration that it will or will not result in extended detention to perform an immigration check.
IOW - lets give this a try and see how it goes.
Where does it say that this is going back to the 9th circuit?
The exact language of the holding:
The United States has established that §§3, 5(C), and 6of S. B. 1070 are preempted. It was improper, however, to enjoin §2(B) before the state courts had an opportunity to construe it and without some showing that enforcement of the provision in fact conflicts with federal immigration law and its objectives. The judgment of the Court of Appeals for the Ninth Circuit is affirmed in part and reversed in part. The case is remanded for further proceedings consistent with this opinion.
The important point (to me) is that 2B is not upheld - the SCOTUS has more or less said "Come back after it has developed a judicial history."
But it will, inevitably, end back in the Ninth Circus and is there any doubt how they will rule?