Arizona v. United States--- Scalia's Dissenting Bench Statement

Justice Antonin Scalia ^ | June 25, 2012 | Justice Antonin Scalia

[thouworm]

Anyone know if Roberts has written out his legal thinking on this case?

Not that I have seen. Nothing else issued except the full court opinion --- written by Kennedy and the added Scalia and Thomas opinions.:

http://www.supremecourt.gov/opinions/11pdf/11-182b5e1.pdf

[Jane Long]

I think Arizona should now embrace this verdict and recuse itself from enforcing other Federal laws starting with those concerning the collection of Federal income taxes and the seizures of properties and assets by the IRS. That should be followed by the refusal to enforce Federal gun regulations in Arizona.

Yes...and while they're at it why not recuse themselves from the Dept. of Agriculture's Food & Nutritional Services (SNAP/IBT) regulations? This is what's putting a huge drain this state's (and MOST states) funds.

[BlatherNaut]

I think Arizona should now embrace this verdict and recuse itself from enforcing other Federal laws starting with those concerning the collection of Federal income taxes and the seizures of properties and assets by the IRS.

Why not?

Selective enforcement of federal law (the "Obama Precedent") is apparently the New Normal.

[Defiant]

Did anyone stand with Scalia? Thomas or Alito?

[LucyT]

Arizona v. United States--- Scalia's Dissenting Bench Statement

Article, and # 1.

Thank you, thouworm.

[pabianice]

>>>“Conservative” Chief Justice John Roberts voted against Scalia and tipped the decision for the Left.

No. The vote was 5-3. If Roberts had voted with the other three conservatives, the 4-4 vote would have upheld the 9th Circuit’s decision. His vote on this made no difference.

[JCBreckenridge]

Indeed. If the states are soveriegn over immigration, then Arizona has no more right to tell California what to do than California has to do the same for Arizona.

Does Arizona really want to see all the illegal immigrant problems they are dealing with, turn into a legal immigrant problem as the ‘soveriegn state’ of California - right on the border, lets them in and gives them cards and the rest of it?

States are sovereign doesn’t just stop with Arizona. It would be an unmitigated disaster.

[JCBreckenridge]

“that is an exact mirror of a federal law”

Scalia himself admits that the AZ law was not an ‘exact mirror’ of the federal law. This is why the provisions that were not an ‘exact mirror’ were struck down.

Had AZ passed an exact mirror, it would have been upheld in full instead of upheld in part and dismissed in part.

[OneWingedShark]

I think Arizona should now embrace this verdict and recuse itself from enforcing other Federal laws starting with those concerning the collection of Federal income taxes and the seizures of properties and assets by the IRS. That should be followed by the refusal to enforce Federal gun regulations in Arizona.

I like that!
`Course they could do a bit more damage too.

[JCBreckenridge]

“The federal government would have us believe (and the Court today agrees) that even that is forbidden.”

If the federal government were to remove habeaus corpus because it enabled ‘stricter enforcement’, would that be considered ok? Just because it’s stricter doesn’t make it any less unconstitutional. AZ can enforce the federal law - no more or no less. They do not have the authority to alter the federal law however they see fit.

[thouworm]

Justice Scalia dissented and said that he would have upheld the entire law. Justice Thomas likewise would uphold the entire law as not preempted by federal law. Justice Alito agreed with Justices Scalia and Thomas regarding Sections 5(C) and 6, but joined with the majority in finding Section 3 preempted.
https://en.wikipedia.org/wiki/Arizona_v._United_States

And, see post 21 for link (Scalia and Thomas wrote dissenting opinions)

[GregNH]

Just another reason to love Scalia

Yes indeed, and this is a good reason as well.

[Jedidah]

Lots of handwringing, folks seeing the decision as an Obama victory.

Not so.

http://www.nationalreview.com/corner/303910/actually-key-part-arizona-law-upheld-john-fonte

The core of the law was upheld, the most important part.

[OneWingedShark]

States are sovereign doesn’t just stop with Arizona. It would be an unmitigated disaster.

That's funny. Really funny because as I seem to recall, Thomas Jefferson wrote a letter to a friend in a 'territory'[?] who was concerned about what would happen if it was rejected for statehood and Jefferson's reply was basically: "Nothing bad; you just are your own country in that case."

[OneWingedShark]

If the federal government were to remove habeaus corpus because it enabled ‘stricter enforcement’, would that be considered ok?

They did: NDAA.

[txrangerette]

I read it as soon as posted...thanks anyway for the ping in #9.

[thouworm]

JR: Lone-voice-in-the-wilderness Ping

Arizona v. United States-— Scalia’s Dissenting Bench Statement

“Justice Scalia began his dissent by saying that he would uphold all parts of the Arizona law.”

[JCBreckenridge]

If Arizona wants to go at it alone - more power to them.

Staying in the US after a law was passed granting the states total control over immigration while at the same time bound to recognise all citizens - would be an unmitigated disaster.

If the SCOTUS rules on thursday to uphold the individual mandate, I suspect there will be calls to secede outright.

Which isn’t a bad thing given our ‘choice’ between Obama and Romney.

[In Maryland]

"I can foresee a time when a person is stopped for some minor traffic infraction, and during an ID check this person is found to have several outstanding FEDERAL warrants, and the policeman simply gives the driver a ticket for the infraction and says, “Have a nice day.”.............

I think this should be Arizona's next move - they should ANNOUNCE they will no longer detain persons with outstanding federal warrants for fear of interferring with federal law enforcement.

[Red Badger]

They should announce that they will no longer enforce the FEDERAL LAWS against bank robbery................