UPDATE: AZ Gov. says ‘victory for rule of law’ – Supreme Court upholds key part of AZ immigration law, in defeat for Obama

by The Right Scoop

***UPDATE 4: Gov. Jan Brewer has issued a statement noting today’s ruling is a victory for the rule of law:

“Today’s decision by the U.S. Supreme Court is a victory for the rule of law. It is also a victory for the 10th Amendment and all Americans who believe in the inherent right and responsibility of states to defend their citizens. After more than two years of legal challenges, the heart of SB 1070 can now be implemented in accordance with the U.S. Constitution.

While we are grateful for this legal victory, today is an opportunity to reflect on our journey and focus upon the true task ahead: the implementation and enforcement of this law in an even-handed manner that lives up to our highest ideals as American citizens. I know the State of Arizona and its law enforcement officers are up to the task. The case for SB 1070 has always been about our support for the rule of law. That means every law, including those against both illegal immigration and racial profiling. Law enforcement will be held accountable should this statute be misused in a fashion that violates an individual’s civil rights.

The last two years have been spent in preparation for this ruling. Upon signing SB 1070 in 2010, I issued an Executive Order directing the Arizona Peace Officer Standards and Training Board (AZ POST) to develop and provide training to ensure our officers are prepared to enforce this law efficiently, effectively and in a manner consistent with the Constitution. In recent days, in anticipation of this decision, I issued a new Executive Order asking that this training be made available once again to all of Arizona’s law enforcement officers. I am confident our officers are prepared to carry out this law responsibly and lawfully. Nothing less is acceptable.

Of course, today’s ruling does not mark the end of our journey. It can be expected that legal challenges to SB 1070 and the State of Arizona will continue. Our critics are already preparing new litigation tactics in response to their loss at the Supreme Court, and undoubtedly will allege inequities in the implementation of the law. As I said two years ago on the day I signed SB 1070 into law, ‘We cannot give them that chance. We must use this new tool wisely, and fight for our safety with the honor Arizona deserves.’”

***UPDATE 3: Here’s the summary from the WSJ:

The Supreme Court upheld a key part of Arizona’s tough immigration law but struck down others as intrusions on federal sovereignty, in a ruling that gave both sides something to cheer in advance of November elections where immigration is a major issue.

The court backed a section of the Arizona state law that calls for police to check the immigration status of people they stop.

That section was one of four at issue before the high court. The others make it a crime for immigrants without work permits to seek employment; make it a crime for immigrants to fail to carry registration documents, and authorize the police to arrest any immigrant they believe has committed a deportable offense. Those other three provisions were struck down.

Five justices were in the majority choosing to strike down the three provisions. Dissenting justices argued that the whole law should have been upheld.

***UPDATE 2: Here’s a summary of the decision from the LA Times:

The justices said Arizona’s police can stop, question and briefly detain immigrants if officers have reason to believe they are in the country illegally. This was seen as a key part of the state’s law.

But the justices said the police have limited authority. They must check with federal immigration agents before deciding to hold the suspects.

The justices also blocked parts of Arizona’s SB 1070 that would have made it a state crime for illegal immigrants to fail to carry documents or to seek work.

The court’s decision appears to give states such as Arizona a quite limited role in enforcing the laws against illegal immigrants. Their police can notify federal agents if they have a suspect in custody, but they cannot keep them in a county jail on state charges.

***UPDATE: You can read the full Arizona law opinion here (PDF) ***

I’ll give more as I know it, but for now it looks like the key provision of checking immigration status is upheld. Also, no ruling on Obamacare today.


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