Most Of Arizona Immigration Law Likely To Survive SCOTUS Scrutiny

Only time will tell, but this is a good sign. From Lyle Denniston at SCOTUSblog:

With Justice Antonin Scalia pushing the radical idea that the Constitution gives states clear authority to close their borders entirely to immigrants without a legal right to be in the U.S., seven other Justices on Wednesday went looking for a more reasonable way to judge states’ power in the immigration field. If the Court accepts the word of Arizona’s lawyer that the state is seeking only very limited authority, the state has a real chance to begin enforcing key parts of its controversial law — S.B. 1070 — at least until further legal tests unfold in lower courts.

In an oral argument that ran 20 minutes beyond the scheduled hour, the Justices focused tightly on the actual operation of the four specific provisions of the law at issue, and most of the Court seemed prepared to accept that Arizona police would act in measured ways as they arrest and detain individuals they think might be in the U.S. illegally. And most of the Justices seemed somewhat skeptical that the federal government would have to change its own immigration priorities just because states were becoming more active.

At the end, though, the question remained how a final opinion might be written to enlarge states’ power to deal with some 12 million foreign nationals without basing that authority upon the Scalia view that states have a free hand under the Constitution to craft their own immigration policies. The other Justices who spoke up obviously did not want to turn states entirely loose in this field. So perhaps not all of the four clauses would survive — especially vulnerable may be sections that created new state crimes as a way to enforce federal immigration restrictions.

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@Consti2tionAlly tweeted link to this page. 2012-04-25 19:17:48 -0400
Most Of Arizona Immigration Law Likely To Survive #SCOTUS Scrutiny - http://t.co/WgD2eyRE #TCOT
@CLHunting1 tweeted link to this page. 2012-04-25 19:02:51 -0400
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@ColorMeRed tweeted link to this page. 2012-04-25 14:59:41 -0400
Most Of Arizona Immigration Law Likely To Survive SCOTUS Scrutiny - Ford O'Connell http://t.co/i9uhogcH
@SCOTUSbot tweeted link to this page. 2012-04-25 14:59:06 -0400
RT @FordOConnell Most Of Arizona Immigration Law Likely To Survive #SCOTUS Scrutiny - http://t.co/KsGtBUe8 #TCOT
@THEWAKINGGIANT tweeted link to this page. 2012-04-25 14:58:57 -0400
Most Of Arizona Immigration Law Likely To Survive #SCOTUS Scrutiny - http://t.co/WgD2eyRE #TCOT
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published this page in In The News 2012-04-25 14:54:00 -0400
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