Breaking: SCOTUS Decision on Arizona Immigration Law
The Supreme Court just handed down a decision in Arizona v. US. First the good news: the majority opinion, written by Kennedy upholds the controversial section 2(B), which requires police officers to verify the immigration status of people whom they stop or arrest if they have a “reasonable suspicion” that the person might be in the U.S. illegally.
But the bad news is that, in all other respects, it appears that the 9th Circus, I mean, Circuit was upheld, meaning that the following sections are struck down on the grounds that they are "pre-empted" by federal law:
- Section 6, which allows a police officer to arrest someone without a warrant if the officer believes that the person committed a crime that could get him deported;
- Section 3, which makes it a crime to be in Arizona without proper immigration papers; and
- Section 5, which makes it a crime for illegal immigrants to seek or accept employment in Arizona.
It's very unclear to me how the majority reconciles this result - I've yet to read the opinion. Justice Scalia has a strongly worded dissent (that he is now reading from the bench). Scalia would have upheld the entire Ariz. law and so I suspect that he also finds the majority's "split the baby" decision to be incoherent. I'll be back with more as soon as I've had a chance to review the decision.
PS - No decision on ObamaCare today