I know very little about the decision, and expect to write more in the next few days. In short, even with Kagan recused, the error in Arizona’s law was so blatant that the Republican activists on the Court, with exceptions (Scalia, Thomas and Alito), could not find an excuse to uphold it.
The Supreme Court issued a victory to the Obama Administration today, ruling against Arizona in its fight for tougher immigration laws.
The Court upheld part of Arizona’s Senate Bill 1070, but reversed a majority of it.
Surviving the debate is the provision that Arizona law enforcement officers can check the immigration status of anyone. The Court didn’t discuss the controversy over possible racial profiling with the provision.
In the majority opinion, Justice Antony Kennedy agreed mostly with the federal government, who argued the Arizona law is invalid because federal immigration law trumps state law…
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This is a huge win for the Obama Administration, that filed suit to protect Latino citizens from Republican racial profiling and harassment, and a huge loss for Willard Romney, who called SB 1070 a model for immigration legislation. Here’s the decision (PDF).