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To: xzins
It is insanity, and it is extremely troubling that Judge Roberts sided with the majority.

No mention here of Roberts even partially dissenting;

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.

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In his dissenting opinion, Justice Scalia commented on President Obama’s recent announcement suspending deportation of illegal immigrants who came to the U.S. as children — an issue not actually part of the Arizona case:

It has become clear that federal enforcement priorities—in the sense of priorities based on the need to allocate “scarce enforcement resources”—is not the problem here. After this case was argued and while it was under consideration, the Secretary of Homeland Security announced a program exempting from immigration enforcement some 1.4 million illegal immigrants under the age of 30…

The husbanding of scarce enforcement resources can hardly be the justification for this, since the considerable administrative cost of conduct­ing as many as 1.4 million background checks, and ruling on the biennial requests for dispensation that the non-en­forcement program envisions, will necessarily be deducted from immigration enforcement. The President said at a news conference that the new program is “the right thing to do” in light of Congress’s failure to pass the Administra­tion’s proposed revision of the Immigration Act. Perhaps it is, though Arizona may not think so. But to say, as the Court does, that Arizona contradicts federal law by enforc­ing applications of the Immigration Act that the President declines to enforce boggles the mind.

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178 posted on 06/25/2012 9:05:53 AM PDT by thouworm (.)
[ Post Reply | Private Reply | To 148 | View Replies ]


To: thouworm
in light of Congress’s failure to pass the Administra­tion’s proposed revision of the Immigration Act

Which means the president is supposed to be enforcing the current law as written and not the imagined revisions he'd like to enforce.

182 posted on 06/25/2012 9:11:38 AM PDT by xzins (Retired Army Chaplain and Proud of It! Those who truly support our troops pray for their victory!)
[ Post Reply | Private Reply | To 178 | View Replies ]

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