Judge Andrew Napolitano gave his analysis on Fox. The judge stated that the heart and soul of the Arizona law was struck down. Only feds may enforce immigration laws.
On the status ruling it is unclear. Difference in a police officer checking to “see if they are wanted” vs “see if they are illegal”
If an officer stops someone for a DUI or jaywalking...the right to check status will probably end up in courts. Sad day for America.
Well, maybe Judge Napolitano thinks so -BUT- the people who ACTUALLLY WROTE THE LAW and enforce it (namely Governor Jan Brewer on behalf of the State of Arizona) don’t think so. And remember, it’s “them” (i.e., “Arizona” and the Governor who has been right on top of this thing) - that don’t think that.
In fact, listen to what Governor Brewer says ...
Today’s decision by the U.S. Supreme Court is a victory for the rule of law. It is also a victory for the 10th Amendment and all Americans who believe in the inherent right and responsibility of states to defend their citizens. After more than two years of legal challenges, the heart of SB 1070 can now be implemented in accordance with the U.S. Constitution.
While we are grateful for this legal victory, today is an opportunity to reflect on our journey and focus upon the true task ahead: the implementation and enforcement of this law in an even-handed manner that lives up to our highest ideals as American citizens. I know the State of Arizona and its law enforcement officers are up to the task. The case for SB 1070 has always been about our support for the rule of law. That means every law, including those against both illegal immigration and racial profiling. Law enforcement will be held accountable should this statute be misused in a fashion that violates an individual’s civil rights.
The last two years have been spent in preparation for this ruling. Upon signing SB 1070 in 2010, I issued an Executive Order directing the Arizona Peace Officer Standards and Training Board (AZ POST) to develop and provide training to ensure our officers are prepared to enforce this law efficiently, effectively and in a manner consistent with the Constitution. In recent days, in anticipation of this decision, I issued a new Executive Order asking that this training be made available once again to all of Arizona’s law enforcement officers. I am confident our officers are prepared to carry out this law responsibly and lawfully. Nothing less is acceptable.
Of course, today’s ruling does not mark the end of our journey. It can be expected that legal challenges to SB 1070 and the State of Arizona will continue. Our critics are already preparing new litigation tactics in response to their loss at the Supreme Court, and undoubtedly will allege inequities in the implementation of the law. As I said two years ago on the day I signed SB 1070 into law, “We cannot give them that chance. We must use this new tool wisely, and fight for our safety with the honor Arizona deserves.”
http://www.facebook.com/GW.IFA/posts/316129271812118
Also, an article on the decision ...
“Actually, Key Part of Arizona Law Upheld”
The crucial point in Mark Krikorian’s post on the Supreme Court’s Arizona immigration ruling is exactly right — “the core of the law was upheld.” According to the New York Times (“Supreme Court Upholds Key Part of Arizona Law,”) “the court was unanimous” on allowing police to check the immigration status of “people they stop and suspect are not in the United States legally.”
The Obama administration argued vigorously against the law, and particularly against the provision of the right of police to check the legal status of people that they come into contact with on routine stops, who they have reason to believe are not in the country legally. The court struck down 5–3 (Scalia, Thomas, Alito dissenting, Kagan recused) other provisions in the law that make it against Arizona state law for illegal immigrants to apply for a job or fail to carry identification that says whether they are in the U.S. legally. These provisions are, according to the court majority, preempted by federal law. Clearly, these other provisions seem rather minor compared to the police check on immigration status, which was upheld, I repeat, unanimously. The Washington Post (“Supreme Court rejects much of Arizona immigration law”) calls the court ruling a “partial victory” for the Obama administration. It looks more like a defeat for Obama and a win for Arizona Governor Jan Brewer and immigration enforcement.
http://www.facebook.com/GW.IFA/posts/459758417369907