Tag Archives: Scalia

THE UNITED STATES vs. ARIZONA – THE SUPREME COURT’S IMMIGRATION DECISION IN A NUTSHELL

Four issues were argued and decisions rendered.  The most significant and most controversial provision in Arizona’s law was upheld by the unanimous vote of eight of the nine Justices.  Judge Kagan recused herself.

The other three provisions of Arizona’s law were struck down on a 5 to 3 divided vote.

Upheld
Arizona police may check the immigration status of an individual stopped on reasonable suspicion of having committed a crime.

Struck down
1. Arizona state law that mirrored existing federal law making it a crime not to complete or carry immigration papers.

2. A provision of Arizona law that made it illegal for an illegal immigrant to apply for or hold a job.

3. A provision of Arizona law allowing police to arrest and detain an illegal alien not yet convicted of a deportable crime.  Police must release the individual after telling them to show up later for a hearing.

Justice Scalia wrote the dissent.
Here is the decision.
Here are excerpts from Scalia’s dissent.

Post Script – The case is actually identified as AZ vs. US but I think the United States against Arizona better reflects the reality.

IS CARVILLE ADMITTING OBAMACARE IS AN ALBATROSS FOR THE DEMOCRATIC PARTY?

If the Supreme Court overturns Obamacare “I think this will be the best thing that has ever happened to the Democratic Party,” according to Democratic strategist James Carville.  Puzzled?  Here’s his reasoning,

“You know, what the Democrats are going to say, and it is completely justified, ‘We tried, we did something, go see a 5-4 Supreme Court majority’.”

Carville … predicted health care costs will only increase in the future, in which case Republicans will be to blame for leading the drive to expel a federal program designed to help Americans cover those costs. (CNN)

“Then the Republican Party will own the healthcare system for the foreseeable future. And I really believe that. That is not spin,” Carville said.

Pass a bad law and then root for it to be repealed so you can blame the other party for the mess you created.  Good plan, Mr. Democratic Strategist.

Comments coming from Supreme Court Justices in response to Obama’s Solicitor General have been a riot.  Watching the Court hasn’t been this much fun since the Justices overturned Roosevelt’s NRA (Google it).