I still need to read the decision but the Supreme Court struck down 3 of 4 parts of the Arizona law. SCOTUSBlog has the quick rundown. Basically the court said that the federal government is responsible for immigration control and the states can't do it. States can't make it a crime to be in the US illegally (it's already a federal crime), they can't make it a crime to work in a state while here illegally (because Congress choose not to do that), and a state can't arrest without a warrant someone believed to be here illegally. "Whether and when to arrest someone for being unlawfully in the country is a question solely for the federal government."
The provision they allowed is the most controversial one, but it's still open to overturning. "Section 2(B) of the law requires the police to check the immigration status of persons whom they detain before releasing them. The Court held that the lower courts were wrong to prevent this provision from going into effect while its lawfulness is being litigated. It was not sufficiently clear that the provision would be held preempted, the Court held. The Court took pains to point out that the law, on its face, prohibits stops based on race or national origin and provides that the stops must be conducted consistent with federal immigration and civil rights laws. However, it held open that the provision could eventually be invalidated after trial."
Roberts, Ginsburg, Breyer and Sotomayor joined Kennedy's opinion. Scalia, Thomas and Alito each wrote their own opinions, concurring in part and dissenting in part (I have to read the details). Kagan was recused. So it's a reasonably broad consensus, not strictly on idealogical lines.
Several politicians have commented on the ruling. I want to point out a few dumb ones.
Mitt Romney: "Today's decision underscores the need for a President who will lead on this critical issue and work in a bipartisan fashion to pursue a national immigration strategy. President Obama has failed to provide any leadership on immigration. This represents yet another broken promise by this President. I believe that each state has the duty–and the right–to secure our borders and preserve the rule of law, particularly when the federal government has failed to meet its responsibilities. As Candidate Obama, he promised to present an immigration plan during his first year in office. But 4 years later, we are still waiting."
Um, while Obama hasn't been at the forefront of reform, it was the Republicans who filibustered the DREAM Act in 2010. And that part about states having the right and duty to secure the borders, that's the part the Supreme Court said was wrong.
Arizona Gov. Jan Brewer: "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."
Yay we can't make laws about illegal immigration but our police can ask for your papers if they detain you. I really don't see how this is a victory for the 10th Amendment, more like a defeat.
Scott Brown: "The Court's decision today is another reminder that the federal government needs to deal with our broken immigration system. I believe the first step is securing the border and turning off the magnets that encourage people to come into country illegally. We are a nation of immigrants and should fix the system to make it easier for people seeking to enter our country legally, but we are also a nation of laws that have to be respected and observed. Elizabeth Warren has the wrong approach. She supports amnesty and taxpayer funded benefits, including in-state college tuition, for those in the country illegally. She wants to make illegal immigration more attractive. I want to strengthen our legal immigration system and provide more opportunities for those who have played by the rules."
Why do Republicans support amnesty for global corporations dodging US taxes but not for children raised in this country illegally though no fault of their own?
Update: Just purely my own speculation, but since Kennedy wrote this decision, the second most major one of the term, I'm guessing Roberts will write the Obamacare decisions.
Update 2: Here's more of Romney spokesman getting things wrong. Romney Spokesman Dodges 20 Questions On Romney’s Immigration Position. It's not like they didn't have some warning that the Supreme Court would rule on this this week (and on a day when Romney was in Arizona).
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