...the court said Monday that one much-debated part of the law could go forward -- the portion requiring police to check the status of someone they suspect is not in the United States legally, as long as they have another reason to stop that person. Even there, though, the justices said the provision could be subject to additional legal challenges.
Although there is some open-endedness towards possible litigation in the future when reading the full SCOTUS opinion, Gov. Brewer released a statement in which she considered the overall decision a "victory for the rule of law" since the main provision of the law was upheld.
However, James Antle of the American Spectator says that even though the heart of SB1070 stands, the Obama administration has nonetheless scored two big victories: 1.) a state law can be preempted even when it has the "same aim as federal law and adopts its substantive standards" and 2.) the federal government has wide discretion in how to enforce immigration law. This will pose challenges for other states who'd wish to establish similar laws.
As for other decisions to be handed down, particularly the one on the constitutionality of Obamacare, the Court will unveil its ruling on Thursday. And with Chief Justice John Roberts siding with the liberals on this Arizona decision, it's back to a coin toss as to how the healthcare ruling with end up. Mark your calendars!
ADDENDUM: Noteworthy was Justice Scalia's lengthy dissent read aloud from the bench (pages 30 - 51). Scalia very poignantly stated:
"After this case was argued and while it was under consideration, the secretary of Homeland Security announced a program exempting from immigration enforcement some 1.4 million illegal immigrants.The president has said that the new program is ‘the right thing to do’ in light of Congress’s failure to pass the administration’s proposed revision of the immigration laws. Perhaps it is, though Arizona may not think so. But to say, as the court does, that Arizona contradicts federal law by enforcing applications of federal immigration law that the president declines to enforce boggles the mind."
