The Supreme Court today struck down as unconstitutional most of Arizona’s controversial law aimed at cracking down on illegal immigrants.
The court, in a 5-3 ruling, left standing only the “show me your papers” part of the law that requires state and local police to perform roadside immigration checks of people they’ve stopped or detained if a “reasonable suspicion” exists that they are in the country illegally.
The court indicated, however, that even that section could face further legal challenges.
The short of it: states may not require that illegals — sorry, “undocumented nobles” may be the better descriptor, they being the best of us and all that — be documented citizens to apply for employment, because such a provision infringes on federal authority to police illegal immigration.
– Which the federal authority has expressly said it will not do. So, checkmate, federalist bitches!
Originalism, it turns out, is too constraining to judicial power. So SCOTUS has opted to retain the power of a stealth superlegislature — and privilege political correctness above the Constitution.
Meaning, the left has won.
Meanwhile, SCOTUS has pushed off the ruling on ObamaCare until Thursday — at which point we’ll likely find that inactivity is itself an activity, and as such, of course can be dictated by a federal authority.
Now shut up and eat your peas, citizen.
update: from Justice Kennedy, “the Decider”:
“Discretion in the enforcement of immigration law embraces immediate human concerns,” he said. “Unauthorized workers trying to support their families, for example, likely pose less danger than alien smugglers or aliens who commit a serious crime. The equities of an individual case may turn on many factors, including whether the alien has children born in the United States, long ties to the community, or a record of distinguished military service. Some discretionary decisions involve policy choices that bear on this Nation’s international relations.”
Here’s the way I read that: some broken laws are more serious than others, and the federal government has discretion about which laws it chooses to enforce — whether the states affected like it or not.
Then, I’m not a lawyer. But I probably should be — because soon, whether or not you’re following the law will be based entirely on a matter of government whim, and being able to speak the language will be something of a necessity.