Posted on 06/25/2012 3:10:01 AM PDT by Perdogg
1. Az Immigration Case
2. Stolen Valor Act
3. ObamaCare Mandate
4. ObamaCare Severability
Arizona, Rather big win.
For whom?
Both sides declaring victory?
” - - - Actually, it’s often just one person: “Swinger” Kennedy. “
Is SUPREME Kennedy the real Ruler of Obamanation?
Must be a tough job.
Probably helps him do his job to know that he was chosen by politicians, and not by folks like you and me.
Ahhhhh - - - Democracy in action!
That’s a federal warrant from what i just read.
Tom: Justice Scalia is not only dissenting from the bench, but he has produced a written copy of the bench statement for the press. It is 7 pages long.
Perhaps CJ Roberts just wants to make Dumb0 squirm for a few more days by witholding the decision till Thurs.
All I can say is, God Bless Justice Scalia! I love that guy!
10:26
Tom:
Justice Scalia is not only dissenting from the bench, but he has produced a written copy of the bench statement for the press. It is 7 pages long.
10:27
Tom:
The upshot of the SB1070 ruling is that, for now, Arizona can apply the “check your papers” provision. And the Court’s opinion is a guide to the State on how to apply that provision without being invalidated.
This split on the AZ case doesn’t give me a good feeling as to what’ll happen with Obamacare. Sounds to me the USSC is trying to apply the “something for everyone” approach.
How We Got Here
The Supreme Court decision will include the following provisons of S.B. 1070 which were blocked by Federal District Judge Susan Bolton in July 2010. Below we analyze the sections, and provide our prediction of how the Court is likely to act. Even if just those two provisions we expect are upheld, it will unleash an effort to extend similar provisions to states across America…
•Section 2(B) – Check Immigration Status Based Upon “Reasonable Suspicion”
This section requires state and local police officers to attempt to determine the immigration status of any person stopped under state or local law if “reasonable suspicion” exists that the person is unlawfully present in the United States. (Note: “reasonable suspicion” means having a valid reason to suspect unlawful activity, but not enough evidence to make an arrest.) This section also requires state and local authorities to determine the immigration status of any person placed under arrest, regardless of whether the person is suspected of being in the country unlawfully.
NOTES: This is the most critical provision. Despite numerous lower court arguments and endless news and blog disputes, “reasonable suspicion” has long been settled law. In Terry v. Ohio (1968), the U.S. Supreme Court clearly stated that it does not violate the 4th Amendment.Also, the U.S. Solictor General Donald Verilli himself had to concede that law enforcement officers in Arizona could ask about people’s legal immigration status even before this law passed. Once you concede that, the fight becomes simply whether the state can direct its officers how to exercise their discretion. And that is clearly permissible.
SWA expects the Court to uphold this Section.
•Section 3 – Illegal immigration a State Crime
This provision makes it a crime under Arizona law for unauthorized immigrants to violate the provisions of federal law requiring them to apply for “registration” with the federal government and to carry a registration card if one has been issued to them. Violations of this provision are punishable by up to 20 days in jail for a first violation and 30 days in jail for subsequent violations.
NOTES: The Administration’s argument against this provision is that Federal law proscribes only a civil violation for such offenses, whereas Arizona makes the act of being in the state illegally a criminal offense. Comments by justices including Chief Justice John Roberts and Justice Alito, show that there is less than a consensus to uphold this Section. However this provision takes on new importance in light of Obama’s recent amnesty decree for so-called “Dreamers”, which would outrageously extend to well over 2 million illegal aliens. If the Court leaves this Section intact, those individuals would still be subject to jail time in Arizona, despite Obama’s edict.
SWA believes the Court is more likely than not to overturn this Section.
•Section 5(C) – Day laborers solicitation
This section makes it a crime under Arizona law for immigrants who are not authorized to work in the United States to apply for work, solicit work in a public place, or perform work within the state’s borders. The term “solicit” means any form of communication, including a gesture or nod, indicating that a person is willing to be employed. Violations of this provision are punishable by up to six months in jail and a $2,500 fine.
NOTES: This is the least important provision of S.B. 1070 to Arizona. That said, it is also quite problematic, mostly because it is the subject of litigation elsewhere, including a Redondo Beach, California provision that was first upheld and then blocked by a Federal appeals court, and an appeal was rejected by the Supreme Court. In addition, Justice Susan Bolton recently blocked this provision in Arizona’s S.B. 1070 as well, due to a separate lawsuit – asserting that it violates the First Amendment protect of ”commercial speech” (which seems ludicrous to SWA, since illegal aliens could never legally register as commercial entities, such as sole proprietors or LLCs). The justices may be content to let this case work its way up to them and be decided separately. Or, they could uphold the provision, which would surprise us and many Court observers. One issues which could be a wildcard is the Court’s ruling in favor of Arizona’s E-Verify law and employer sanctions in 2010 – which might lean Kennedy towards support of Section 5(C).
SWA believes the the Court is likely to reject this provision.
•Section 6 – “Probable Cause” Arrests of Illegal Aliens
This section authorizes state and local police officers to arrest immigrants without a warrant where “probable cause” exists that they committed a public offense making them removable from the United States. (Note: “probable cause” means having enough evidence of unlawful activity to obtain a warrant or make an arrest.) Under the provision, Arizona law enforcement officers may arrest lawfully present immigrants for crimes committed outside the state, or for crimes for which they were previously incarcerated, if the commission of such a crime is grounds for deportation.
NOTES: This is another critical “must have” section, which contributed greatly to the exodus of 100,000 illegal aliens from Arizona after the passage of S.B. 1070. It is a huge deterrent, since they would perpetually be under threat of arrest and removal. And based on the arguments before the court, many similar to the arguments over Section 2(B), the justices did not see any Federal preemption applicable in this Section. In addition, this section is perfectly compatible with the Immigration Reform Acts of 1996 establishing 287(g) Federal-State cooperation in enforcement of immigration laws.
SWA expects the Court to uphold this section.
The gist of the Obama Administration’s argument against the above provisions is that they preempted by federal law, meaning they are in conflict with federal law because federal law takes precedence as the law of the land. The basis of this argument is the Constitutional Article I, section 8, clause 4:
“The Congress shall have Power…To establish a uniform Rule of Naturalization….”
The Administration has also argued that Arizona’s law impedes the United States’ ability to interface with foreign nations by interfering with foreign nationals, a bizarre claim butressed by Mexico’s filing of an amicus curiae against S.B. 1070.
Of course the Administration did not go anywhere near the Constitutional section that – if honored – would make the Arizona law completely unneccessary, Article IV, Section 4:
“The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against invasion….”
We hope that five justices see through the hypocrisy of the Administration’s position against Arizona, and uphold most of 1070, if not all of it.
Tom: The upshot of the SB1070 ruling is that, for now, Arizona can apply the "check your papers" provision. And the Court's opinion is a guide to the State on how to apply that provision without being invalidated.
Big victory? Huh? On what? Arizona? It’s a mixed ruling...not a big victory for anyone. CNN...sheeeesh..
Per FoxNews SC reporter: No healthcare decision today.
Lots of lawyers making lots of money.
Section 2 (b) is the most critical section. Hopefully, it looks like that got thru. Section 6 was not upheld. It was the second most critical portion. Big disappointment.
Sadly I feel pretty strongly Obamacare will be upheld.
CNN is just beginning to realize that cops in Ariz can check immigrant status.
But certainly we lost some important issues and they sided in general with federal preemption of immigration policy.
IT’S A BIG WIN FOR THE PREZ....per CNN.
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