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cal04

(41,505 posts)
Mon Jun 25, 2012, 10:28 AM Jun 2012

High court strikes down key parts of Arizona immigration law(victory for Pres.)

The Supreme Court on Monday struck down key parts of the tough anti-illegal immigration law enacted by Arizona in 2010.

The law had made it a crime for non-citizens who are unlawfully present in the United States to work in Arizona and requires police officers to check the immigration status of any person whom they have probable cause to believe is an illegal immigrant.

The decision was a victory for President Obama who had criticized the law, saying it “threatened to undermine basic notions of fairness that we cherish as Americans.” The Justice Department moved quickly in 2010 to block enforcement of the law.

(snip)
But justices say that one part of the law, requiring police to check the status of someone they suspect is not in the United States legally, could go forward. Even there, though, the justices said the provision could be subject to additional legal challenges.

http://nbcpolitics.msnbc.msn.com/_news/2012/06/25/12398271-high-court-strikes-down-key-parts-of-arizona-immigration-law?lite


Supreme Court strikes down key parts of Arizona's immigration law, voting 5-3 in favor of federal government

(snip)
"Arizona may have understandable frustrations with the problems caused by illegal immigration while that process continues, but the state may not puruse policies that undermined federal law," the majority opinion said.

The majority concluded the federal government had the power to block SB1070, though the court upheld one of the most controversial parts of the bill -- a provision that lets police check a person's immigration status while enforcing other laws if "reasonable suspicion" exists that the person is in the United States illegally.

The Obama administration had argued immigration matters were strictly a federal function.

http://www.cnn.com/2012/06/25/politics/scotus-arizona-law/index.html

Supreme Court Overturns Key Parts Of Arizona Immigration Law
(snip)
Joining Justice Kennedy in the majority were John Roberts, Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor. Justice Elena Kagan, who worked on the issue as Obama’s solicitor general, did not participate in the case.
(snip)
The decision is a blow for Republican Gov. Jan Brewer and serves as a warning shot to other state legislatures supportive of similar measures. One one hand it could help Republicans energize conservatives, who are strongly supportive of the law. On the other hand, the decision could help Democrats galvanize Hispanics, who would be disproportionately targeted by the law and broadly oppose it.
http://tpmdc.talkingpointsmemo.com/2012/06/supreme-court-overturns-key-parts-arizona-immigration-law-sb1070-jan-brewer-elena-kagan-barack-obama.php


Supreme Court Rejects Challenge To ‘Show Me Your Papers,’ Strikes Down Part Of Arizona Immigration
http://thinkprogress.org/justice/2012/06/25/505593/breaking-supreme-court-upholds-show-me-your-papers-strikes-down-part-of-arizona-immigration-law/

(snip)
Two significant points about the decision is that the Court voted 8-0 to reject this particular challenge to the show me your papers provision, with Kagan recused. The majority opinion also leaves open the possibility that a future challenge to this provision could succeed, including a claim that the law leads to unconstitutional racial profiling

(snip)
Georgetown Law professor David Cole said on CNN moments ago, “this is almost a total victory for the Obama administration.”

Arizona Gov. Jan Brewer (R) is also claiming victory. “Today’s decision by the U.S. Supreme Court is a victory for the rule of law,” she said in a statement.

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High court strikes down key parts of Arizona immigration law(victory for Pres.) (Original Post) cal04 Jun 2012 OP
Victory for our country! Prez Obama was speaking for us all and told the truth, as usual. bigbrother05 Jun 2012 #1
Roberts vote is interesting Tom Rinaldo Jun 2012 #2
More ProSense Jun 2012 #3
I'm not certain that I would call this a victory. Renaissance Man Jun 2012 #4
The decision on that provision is, in essence, an interim decision... Spazito Jun 2012 #5
In your opinion, that is Gman Jun 2012 #6
My underdstanding is that's ONLY after the person is under arrest not a simple traffic ticket uponit7771 Jun 2012 #7
I'm not sure what your concern is Meiko Jun 2012 #8
I don't azmom Jun 2012 #9
Actually that does happen in parts of Phoenix sweetloukillbot Jun 2012 #10
Sheriff Joe azmom Jun 2012 #14
What if a person is here illegally from JonLP24 Jun 2012 #11
Most cops won't do this Alcibiades Jun 2012 #15
and furthermore azmom Jun 2012 #12
here's how the media sees it... spanone Jun 2012 #13
Very encouraging BlueDemKev Jun 2012 #16
This is a politically perfect decision for the GOP Alcibiades Jun 2012 #17
A partial victory beats a poke in the eye with a sharp stick! turtlerescue1 Jun 2012 #18
Actual Opinion of the Court happyslug Jun 2012 #19

bigbrother05

(5,995 posts)
1. Victory for our country! Prez Obama was speaking for us all and told the truth, as usual.
Mon Jun 25, 2012, 10:50 AM
Jun 2012

See that the 3 stooges did their usual as well.

Tom Rinaldo

(22,913 posts)
2. Roberts vote is interesting
Mon Jun 25, 2012, 10:54 AM
Jun 2012

It is unusual for him to vote with the "liberal" bloc and against the other rightists. It would become very interesting if that happened more than once in a blue moon.

ProSense

(116,464 posts)
3. More
Mon Jun 25, 2012, 11:04 AM
Jun 2012
Supreme Court rejects parts of Arizona's SB1070

By Steve Benen

It was a very busy day at the U.S. Supreme Court this morning, despite the fact that the health care rulings were not announced.

<...>

And finally, there was a more nuanced ruling on Arizona's anti-immigrant law, SB1070, in which the justices (sans Justice Kagan, who did not participate) upheld one part of the law but struck down other sections.

The part of the law the justices upheld requires police officers stopping someone to make efforts to verify the person's immigration status with the Federal Government.

The justices struck down three other parts of the law: (1) One making it a crime for an illegal immigrant to work or to seek work in Arizona; (2) One which authorized state and local officers to arrest people without a warrant if the officers have probable cause to believe a person is an illegal immigrant; (3) And one that made it a state requirement for immigrants to register with the federal government.

It's going to take a little while to sort all of the implications, but at first blush, this looks like a win for the Obama administration, which has fought against the Arizona law.

Justice Scalia announced that he supports every provision of SB1070, and complained about President Obama implementing the goals of the DREAM Act -- a policy that has nothing to do with the case -- reinforcing the worst suspicions about Scalia being a Republican activist in a justice's robe.

Also note, Mitt Romney will be campaigning in Arizona today -- he's described the state's anti-immigrant law as a "model" for the nation -- and will probably be pressed for a reaction to today's announcement. It'll be interesting to see how well he dodges the questions.

- more -

http://maddowblog.msnbc.msn.com/_news/2012/06/25/12398973-supreme-court-rejects-parts-of-arizonas-sb1070


Renaissance Man

(669 posts)
4. I'm not certain that I would call this a victory.
Mon Jun 25, 2012, 11:16 AM
Jun 2012

Last edited Mon Jun 25, 2012, 11:49 AM - Edit history (1)

This provision which was not struck down by the court bothers me.

"The majority concluded the federal government had the power to block SB1070, though the court upheld one of the most controversial parts of the bill -- a provision that lets police check a person's immigration status while enforcing other laws if "reasonable suspicion" exists that the person is in the United States illegally."

The problem with reasonable suspicion is that it can be interpreted broadly. As a black male that has been abruptly encountered by both Arabic and Spanish-speaking people thinking that (by some force of my physical features) there is potential that I could be a native of a Latin American/Middle Eastern country, I could be randomly subject to "reasonable suspicion" of being in the United States illegally, notwithstanding the other stop and frisk/driving or existing while black crap that I normally have to endure.

So, this is a bitter pill to swallow. I'm glad the court did strike down the other provisions, but upholding this crap is as fascist as they come. Any DU'er that supports this portion of the provision not being struck down really doesn't understand how the court did not go far enough.

Spazito

(50,365 posts)
5. The decision on that provision is, in essence, an interim decision...
Mon Jun 25, 2012, 11:21 AM
Jun 2012

with the Supreme Court saying wait until it is in effect to see if it is racial profiling, etc. There are also appeals with regard to this that the Supreme Court has yet to rule.

It is a very narrow aspect wrt the Supreme Court ruling on this provision.

 

Meiko

(1,076 posts)
8. I'm not sure what your concern is
Mon Jun 25, 2012, 11:56 AM
Jun 2012

If you get pulled over, and this is the most common type of interaction, you will be asked for some paperwork. DL, registration, proof if insurance. As a white man I am required to produce the same identification. If you have all the required paperwork there shouldn't be a problem for you or me, unless you lie to the cop or something. What would be your definition of reasonable suspicion if you were a police officer.

If someone is pulled over and cannot provide any of the requested documents and does not speak English what is the cop suppose to think at this point? Doesn't this situation require closer examination? Is this profiling, yes it is in a way. Police operate with the concept of profiling all the time, this is nothing new. The officer is going to profile this person based on the criteria and what he knows. No DL, no registration and cannot speak English seems pretty clear cut to me.

Some people think that the cops are going to roll un contained through the streets profiling every Hispanic they encounter. I don't believe this is going to happen. If you can't provide the paperwork required to operate a car then a flag is going to go up, it would go up anyway even if you were white. The cops need some tools to get certain people off the street. I for one don't want to be sharing the road with drivers that have no DL or insurance. It shows they don't care about themselves or anyone else and if there is an accident guess who foots the bill.

azmom

(5,208 posts)
9. I don't
Mon Jun 25, 2012, 12:09 PM
Jun 2012

want to be treated any different that you are, just because I am brown. I will show you my registration, and proof of insurance just like you will, but I don't like a law that says that my brown skin can be justification for police to question me any further than they would you, a white person. There is a potential for abuse in this law and that is what scares me.

sweetloukillbot

(11,029 posts)
10. Actually that does happen in parts of Phoenix
Mon Jun 25, 2012, 12:13 PM
Jun 2012

Sheriff Joe goes on "crime sweeps" in heavily Latino parts of town and arrests Latinos for minor infractions to check immigration status. He has a surprisingly low ratio of success at finding actual criminals, but had SB1070 been upheld, he would be able to arrest and charge people under suspicion of being illegal.

JonLP24

(29,322 posts)
11. What if a person is here illegally from
Mon Jun 25, 2012, 12:15 PM
Jun 2012

the UK or Canada? I guess if the suspect has an accent?

Cars are one thing but that isn't the only type of interactions and curious how you reasonably suspect someone isn't the country legally unless you saw them hop a border fence.

Racial profiling is already common in this state, this will just make it less of a problem.

Alcibiades

(5,061 posts)
15. Most cops won't do this
Mon Jun 25, 2012, 01:00 PM
Jun 2012

All it takes is a few, though, to compromise the liberties of a great many Americans.

I'm an opponent of unrestricted illegal immigration, but the place to enfore immigration law is at the border and, most importantly, in the workplace. I've known some great cops over the years, but there have been enough bad ones doing exactly this sort of thing that we should not give them this power.

azmom

(5,208 posts)
12. and furthermore
Mon Jun 25, 2012, 12:28 PM
Jun 2012

what type of documentation do I need to carry with me in case I am questioned because of my brown skin. I am a citizen of the US just like you.

BlueDemKev

(3,003 posts)
16. Very encouraging
Mon Jun 25, 2012, 01:12 PM
Jun 2012

Especially since both Kennedy and Roberts voted with the liberal justices and both their votes were needed to strike down most of the law.

Let's hope these two justices do the same thing on Thursday with health care reform. Praying Hard they will...

Alcibiades

(5,061 posts)
17. This is a politically perfect decision for the GOP
Mon Jun 25, 2012, 01:14 PM
Jun 2012

It mobilizes the base while not alienating Hispanic folks too much. If the GOP has any hope of not dwindling down to a regional party of old rich people, they have to count on Hispanic support, much of which will come from the children of immigrants.

At the same time, it gives them a chance to say "See, we agreed with the Obama administration, even at the expense of "states' rights," so they can go ahead and announce their decision on the PPACA later in the week.

turtlerescue1

(1,013 posts)
18. A partial victory beats a poke in the eye with a sharp stick!
Mon Jun 25, 2012, 01:17 PM
Jun 2012

AND more important no matter how the media spins it, it is NOT a victory for the RWingers.

AND THAT MAKES ME HAPPY. and on a Monday no less.

Of course that other case is the one I'm really worried about also.

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