Split Decision In 'Arizona'

The Arizon immigration law was upheld in part and struck down in part. The headlines at the WSJ and NY Times:

Supreme Court Upholds Key Part of Arizona Law [since revised to "Supreme Court Allows Immigration Checks"]

Supreme Court Upholds Key Part of Arizona Law [since revised at the NY Times to "Supreme Court Rejects Part of Arizona Immigration Law"; see below]

Let's stay with 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.

TWO PAPERS IN ONE!

The Times has something for everyone. On the home page, they tell us that "Justices Upholds Key Part of Arizona Law". The linked article has a revised headline:

Supreme Court Rejects Part of Arizona Immigration Law

Here is the home page alternative:

And over at Memorandum, they commemorate the original Times version by John Cushman:

No big deal, but sometimes it is fun to watch the sausage factory.

Comments

[BumperStickerist]

I've seen Obama bowl.

He sucks at picking up the splits.

[Jack is Back!]

You have to love how Roberts is stretching the decisions out. Payback time.

Alito must be laughing inside at making Obammie wait for an equal branch of government to tell him, Pelosi And Reid what our Costitution says and means.

[Sue]

OMG...I just saw a headline that said "warmer seas rising faster along eastern US Coast than rest of planet". Another broken campaign promise.

[Jane]

I like Breitbart's take: WE won on substance they won on form.

[NK]

I said in an earlier thread I find the Arizona decision completely unspectacular and consistent with established preemption decisions. The dissents were also predictable-- those 3 Justices don't trust the federal gov't, especially THIS administration, to enforce laws as written and give more respect to the States.

[Porchlight]

NK, your predictions have been on the money lately. How do you think the Obamacare decision will go?

[Porchlight]

Oh, sorry, NK, I missed your earlier prediction on the Monday Morning thread.

[NK]

Porch-- careful about my predictions-- remember what Yogi Berra said-- Predictions are hard, especially about the future.

[Jane]

Remember, for the 9th Circuit decision to be overturned there had to be 5 Justices - because Kagen abstained - which probably is the reason Roberts moved over.

[maryrose]

Yes, There is still something we have called states rights. If a policeman stops a motorist he can ask for his status-that much has always been true. Other issues are civil rights always a debatable point.

[Jim Rhoads a/k/a vjnjagvet]

Good point, Jane. Roberts took what he could get.

[windansea]

TM needs to edit the headlines

The NY Times headline reads

Supreme Court Rejects Part of Arizona Immigration Law

[Jim Rhoads a/k/a vjnjagvet]

The headline has been rewritten. It was originally as TM reported. Coincidence? I think not.

[Jane]

I wonder if Obama is the person at the WH assigned to make sure the NYT and WP get their headlines just right!

[Jane]

Megyn Kelly: Scalia mentions Obama's decision not to deport 1.4m illegal immigrants directly in his dissent. It's a good quote if anyone has it.

[Jim Ryan]

Chortle! Dem bench so shallow that Elizabeth Warren looking like frontrunner for 2016 POTUS primary. Now, that's shallow!

No, come on, there has to be an august and noble statesman or two on the Dem side....Right?...Thinking....

[Frau Hopfen und Malz, Gott erhalt's]

OT to this thread: TK linked to a 2007 article about Henry Waxman's hearings to manufacture evidence of a coverup in the death of Pat Tillman. How soon we forget all the work that took.

"Kevin Tillman slams the Pentagon’s conduct after his(sic) death as “intended to deceive the family, and more important, to deceive the American public.”

Occasionally fighting back tears, he says the family wants the hearing to find out “who lied and covered it up, and who benefited from those lies.”

7:29 a.m.

Rep. Tom Davis, R-Va., the ranking minority member of the committee, lays much of the responsibility for the confusion around the Lynch case to the “fog of war.” But he says he found the Tillman case “far more troubling,” consisting as it did of possible fabrication and suppression of evidence, plus breaches of standard procedure."

Issa--did you know he stole cars?--is the deranged one with an evil partisan goal.

[Porchlight]

Guy Benson has sort of a speculation roundup at Townhall that I thought was worth reading. (Some "dude, I'm nervous" content included.)

http://townhall.com/tipsheet/guybenson/2012/06/25/gulp_do_todays_developments_hint_obamacare_will_be_upheld

Again, all speculation, as he emphasizes.

[matt]

went to a local car show with a very liberal, Jewish friend this weekend. He was up in arms about Issa saying that Issa had barely avoided indictment on Arson charges. Looked it up and found that Issa's company was just beginning to do well at the time, which would be an odd time to burn it down. Anybody know the details. His source was the new Yorker article.

We were in remarkable agreement on F&F, though. 150-200 dead Mexicans and a couple of dead federal agents tends to cross party lines.

[narciso]

What is it , with him and ice cream,

http://www.thegatewaypundit.com/2012/06/noted-constitutional-law-professor-wrong-about-arizona-immigration-law-too-video/

[daddy]

Governor Jan Brewer speaking publicly now:

"The Federal Govt has failed to protect our borders.

Pres Obama had total control of our Govt for 2 years and could have fixed the Immigration problem at any time during that time but they failed to do so. So we had to step up and do it ourselves.

The heart of our bill has been found to be Constitutional. Unanimously.

We know the critics will be watching us in order to find another way to hamper our efforts, but civil rights have been upheld. Civil Rights are protected under our Bill."

All questions now from the Press are focused on the portions of the Bill that were declared Unconstitutional.

Says she has her Lawyer's standing by to deal with the challenges as they come in from critics challenging Arizona's implementation of the Law.

It is worth mentioning, in light of Obama's criticism of questions hollered at him last week by a reporter, the behavior of the reporters today hollering at Governor Jan Brewer. Did they forget the etiquette they demanded last week so quickly, or do they just not care because she's a Republican?

[Jane]

Matt,

I've heard those allegations a million times and at one point knew the story. From what I recall Issa did nothing but was investigated for doing something.

[Jane]

Holy cow Daddy did you just hear that about Matt Miller?

He was with Holder when he first heard about F&F and he's gonna come tell us in 5 minutes when it was.

[Jane]

Oh I've heard this guy before and I didn't believe him last time. He says early 2011. I say bullshit.

[Jane]

Megyn nails him to the wall.

[NK]

On Topic-- Drudge links to the Wash Times story. Obama Admin says-- SCOTUS? we don't need no stinkin' SCOTUS!! Per Scotus today-- Arizona has the right to check Immigration status of those arrested; DHS says they won't answer those calls from Arizona cops. Obama is devolving into a banana republic dictator-- this is how Chavez aggregated power in Venezula: http://www.washingtontimes.com/news/2012/jun/25/homeland-security-suspends-immigration-agreements-/

[Jane]

So that's the first time I have heard of OSEDFT. (And I do realize I am talking to myself).

[Captain Hate]

I'm listening, Jane; keep doing it.

[Melinda Romanoff]

Jane-

You're my ears and eyes on this.

[Jim Rhoads a/k/a vjnjagvet]

Andy McCarthy has a very good description at NR of OSEDFT and its relevance to the F&F investigation. Link LUN.

[hit and run]

Daddy was also tracking the Miller interview on the previous thread...

[Danube of Thought]

Brewer claims a huge victory but the press--which is clearly interested only in the horserace--insists it's the opposite.

[Agent J]

The OSEDFT (Andy McCarthy) posting by Jim Rhoads at 2:51 is a fascinating read.

It becomes much clearer why the President evoked "Special Privileges"

Things are moving to fast for this old man..I read but I can't keep up.

All is well at my house.

[rse]

Good Agent J. Hang in there.

I was off looking into EF Schumacher. I prefer the wallpaper to his theories. It certainly does tie in with the current sustainability push.

[Porchlight]

Hi, AgentJ, good to see you. Yes, that OCDETF piece is a heavy hitter. I bet the WH really hates McCarthy.

[Jane]

New theory - It was a Hillary operation. I don't believe it because Obama wouldn't hesitate to throw hillary under the bus.

McCarthy says OSEDFT is approved at the top and on everyone's radar.

[Jane]

Apparently Janet Napolitano has rendered the affirmative part of the immigration decision moot by (unconstitutionally) announcing that ICE will not uphold the immigration law.

It certainly suggests they had a heads up on the decision/.

[lyle]

I'm guessing that the shorthand pronunciation of OSE-DEF is more like OH SHIT in the DOJ right now. As if I couldn't detest Holder and his boss any more.

[Jim Rhoads a/k/a vjnjagvet]

I am sure they did, Jane. IIRC, in oral argument, even the liberal justices seemed to suggest there was no constitutional problem with states calling the feds about immigration status of arrestees.

[sailor]

Why are not more people "up in arms" about O and his overreaching authority and his deciding his own laws?

[matt]

Well DHS has informed Arizona that it has suspended all agreements and will no longer take phone calls. Sounds like this one was in napolitano's back pocket ready to roll if the decision went against them.

So now we will probably get a case trying to force the federal government to apply its own laws. What a disgrace.

[daddy]

"Why are not more people "up in arms" about O and his overreaching authority"

Wrong Political Party.

“Bush was president, I thought, ‘Be brave. Tie a bomb to your shirt. Insist on going to the White House. And I want to have a big hug with the vice president, definitely. And his wife, and the president, and his wife, and anybody else that can fit into the love hug,’”
“And then we’ll blow ourselves up, and I’d be a hero.”

“It would have been a very brave and wonderful thing,” said Maurice Sendak, who wrote the whimsical “Where the Wild Things Are.”

[matt]

clarice;

Isn't Napolitano's action a great big finger to the Supreme Court?

Has anyone ever been held in contempt of the Supreme Court? Other than Kunstler or Ramsay Lewis?

[pagar]

Apparently Janet Napolitano has rendered the affirmative part of the immigration decision moot by (unconstitutionally) announcing that ICE will not uphold the immigration law.

I don't understand why we don't go for impeachment of Napolitano?

[narciso]

Which was the whole point of SB 1070, 'I picked a picked a bad week to . . ."

[NK]

pagar@400pm-- yes DHS is disregarding the constitutionality of Arizona police checks; so the House will hold hearings and even more Dem House members will come out against the POTUS immigration policies.Amnesty by POTUS fiat is a net loser for the Dems; he'll be shocked when Dems up for election call him screaming bloody murder. He'll pull back a bit-- and make nobody happy.

[Clarice]

I don't see that Napolitano's action is a finger pointed at the SCOTUS. But were I a member of Congress I'd wonder why she had all that money to enforce the law if she had decided not to do so.

[Janet]

So now we will probably get a case trying to force the federal government to apply its own laws. What a disgrace.

Amen.

[lyle]

"Bruno" Napolitano

[Captain Hate]

Ramsay Lewis

For playing horrible modal piano over rock tunes?

[Janet]

from the Drudge link -

"Federal officials said they’ll still perform the checks as required by law but will respond only when someone has a felony conviction on his or her record. Absent that, ICE will tell the local police to release the person."

[Jane]

I continue to be amazed by this administration - long past the time when I thought I'd seen everything.

[Clarice]

OT— NBC is reportedly planning a $10 million severance pacakge for ousted "Today" show host Ann Curry, just one year after she replaced Meredith Viera as co-host of the popular morning show. The 55-year-old host reportedly just finished the first year of a three-year, $20 million deal. A New York Times report last week revealed that Curry's days were numbered at NBC after the show's ratings lead dropped from 780,000 viewers to just 13,000 over its nearest competition, ABC's "Good Morning America."
********
For $9 million I promise not to even sign a contract with them..think of the savings.

[Melinda Romanoff]

Napolitano's tactic is the Real Chicago Way, only recognize the laws you agree with and make someone else try and force your hand.

Either way is a willful act.

[NK]

MelR@4:28-- "the Chicago Way" it's a beautiful thing ....... if you're in the club.

[Sue]

Where is Henry? A twitter feed is saying huge news is breaking soon out of recount in Racine. Anyone heard anything?

[Melinda Romanoff]

Should say it "Requires a willful act".

[Captain Hate]

The Today Show has come a long way from Mumbles Gumbel and her perkiness.

[Jack is Back (Again)!]

Agent J,

You're always on the screen. Stay safe. Don't let any of this stuff ruin a good drink, movie and sound sleep:)

That Andy McCarthy article is a real eyeopener. If this was Bush and Gonzalez we'd be watching the Senate impeachment trial instead of SCOTUS decisions.

[Agent J]

Thanks to for all of the comments.

I am just home between road trips, three shorty's are down, next month it is Michigan. Then August, go west old man, go west..

[Agent J]

Thanks to all for the comments.

[daddy]

Sue,

I can't find any info on the Wisconsin Recall. Even Althouse doesn't mention anything.

Henry, Help.

[Danube of Thought]

Jimmy Carter uses the great liberal thunder machine of the New York Times to remind us how disappointed he and the rest of the world is with American wickedness. Once again, we fail to meet his lofty standards. LUN.

[Danube of Thought]

Rest of the world *are*

[Neo]

Only three members of the Court who haven’t yet written at least seven opinions this term are Sotomayor, Thomas, and Roberts

[henry]

Sue, haven't headed anything big from Racine, but I'm not on Twitter.

Last I saw Wanggaard is plus 8 thru the weekend, 826 to go with just under half the votes recounted.

Some noise in the Racine paper about more same day registration complaints filed, but no detail.

Maybe the Sheriff found something?

[maryrose]

Jimmy Carter needs a long vacation. Preferably out of the country. Who gives a flying fig what he thinks.?
? He's no elder statesman, believe me.

[Jack is Back (Again)!]

Holder Contempt Vote = Thursday. Same day we hear about ObamaCare.

Double Whammy.

Poor Barack.

BTW, my wife tells me his now the laughingstock of Belgium (at least the Flemings) and Holland. He wrote in Dreams that his Indonesian step-father's father was killed by the Dutch during the 1949 revolution. But is seems his Step-grandfather died from a fall as he was hanging drapes:)

This guy is more than a pathological liar and capital exaggerator but is living in a parallel universe while trying to destroy the rest of us. Like one of Frederick's cartoons.

[daddy]

Sue and Henry,

This may be the hubbub about the recall:

Thousands of Racine Voters May Have Been Able to Cast a Recall Ballot by Mistake

"Thousands of voters who registered at the polls on recall election day in the City of Racine may not have signed the supplemental poll list as required by law, the MacIver News Service has learned."

" same-day registrants are added to a supplemental poll list... A space is provided on the Supplemental Poll List for new registrants to sign by their hand-written entry, and by law they are required to do so."

"More than 4,000 people were added to the supplemental poll lists in the City of Racine on the day of the June 5th recall election...upwards of half of those voters failed to sign the poll list."

This seems to me to be what would have the twitterers in Wisconsin twittering.

[Jim Rhoads a/k/a vjnjagvet]

That seems pretty serious, daddy. The problem is that no one knows who those 2000 voters were. Could that problem be enough for a redo?

[Sue]

daddy,

Sorry I got busy and just looked back to see if anything had happened. You have it.

[daddy]

Jim R,

With the overall election victory margin currently standing at I think 831 out of 70,000 plus, and this discovery occurring within the proper recount/validation time period, I would think it would mandate some sort of Legal resolution.

If this discovery pans out and presumably invalidates the Election, it will be interesting to see if Holder's DOJ gets involved.

Wisconsin Recall 2---this time, it's for keeps!

[Clarice]

It should merit a recall BUT the seat is available only to January and the state has already spent a fortune on recalls and recounts.

I'd say the recall failed in its purpose and call it a day were I the challenger.

[daddy]

Clarice,

I agree with you about 99% of the time but I need to know a little more about this particular contest before I concur.

I recall reading somewhere that this contest was slightly different than the other 3, possibly because there would not be a second election for the seat in just a few months time, so that possibly this one mattered more than the others.

Henry, do you recall something like that, or am I much mistaken?

[henry]

Per the latest recount worksheet several Racine precincts were 10-1 Lehman over Wanggaard. Depending on the precincts involved this is huge. Remember in the Prosser recount a bunch of nuns had their votes tossed because of a similar lack of a signature.

Not on the news yet, but it seems this election will end up in court.

[daddy]

FWIW,

My local Talk Radio guy has mentioned this a few times now on his show since I have e-mailed some of Henry's linked articles to him, so that's partially why I'm still interested.

[Jack is Back (Again)!]

It used to be everything moved east from California to New York to Europe and then on to the rest of the world.

Lets hope this condition being suffered in the United Kingdom doesn't reverse that trend.

A devastating look at what happened to the UK under Labor but especially Gordon Brown.

I was there for a lot of it and this guy gets it right.

[Captain Hate]

Once again, we fail to meet his lofty standards.

His horrible poetry adheres to the standards the JEF set with that sub-doggerel about underwater caves, apes and figs.

[Threadkiller]

Ben Shapiro wets his pants over Scalia "getting it right" on SB1070:

http://www.breitbart.com/Big-Government/2012/06/25/AZ-immigration-decision-disaster-for-conservatives-states

But can Scalia be trusted??

“As a sovereign, Arizona has the inherent power to ex-clude persons from its territory, subject only to those limitations expressed in the Constitution or constitution-ally imposed by Congress. That power to exclude has long been recognized as inherent in sovereignty. Emer de Vattel’s seminal 1758 treatise on the Law of Nations stated:”

page 30
http://www.foxnews.com/politics/interactive/2012/06/25/supreme-court-ruling-on-arizona-immigration-law/

Vattel?!?

We all know English Common Law prevails in this country.

No wonder they are evading "natural born citizen" at SCOTUS.

[narciso]

So, it's unanimously, Kennedy quite nearly totally missed the point, of the matter.

[Danube of Thought]

"We all know English Common Law prevails in this country."

The trick is in knowing when and how.

Why would the Supremes want to evade it?

[daddy]

On Lou Dobb's show Kris Kobach, Secretary of State of Kansas

said that"the reasons Chief Justice Roberts jumped across and joined with the Kennedy crew (in portions of the Arizona Decision,) was because if he hadn't the 9th Circuit Court Decision would have been left in place, this valuable provision of Arizona Law would not have been allowed to go into effect, and he therefore wanted to flip the 9th Circuit so he gave them 5 votes. You need to have 5 votes if you are going to flip the decision below."

I think that was mentioned above.

FWIW, if I read Lou Dobb's correctly, he is bummed by this thing and thinks Scalia in his dissent is on the money about Arizona's State sovereignty being demolished.

[Threadkiller]

http://nation.foxnews.com/justice/2010/04/18/clarence-thomas-were-evading-eligibility-issues

[Jane]

I think Scalia is right too, and Janet Napolitano proved it this afternoon. I hope Romney says something.

[narciso]

Scalia, is rarely wrong, on major issues like this, maybe Hamdi when he let the nose into the tent.

[daddy]

Jane,

Here's a comment today by Mitt:

"I would have preferred to see the Supreme Court give more latitude to states, not less. And the states, now under this decision, have less authority, less latitude, to enforce immigration law."

It's a start.

[Jack is Back (Again)!]

OT: Ryan Lochte, a local kid from Daytona, just wiped Michael Phelps in the 400M Individual Medley. Now the American ladies are showing WR times.

[Jim Rhoads a/k/a vjnjagvet]

Did Phelps qualify, JIB?

[pagar]

O/T again--Remember The Unhinged NC Teacher Who Told Her Student Criticizing Obama Was A Criminal Offense?

"Fearing their son's safety, the parents of the young man have requested help from the school itself. So far, the school has refused safety accommodations. In fact, the school administration seems to be blaming the young man for the negative publicity (emphasis mine):"

Please help this young man.
Contact info in the Link.

As you read --keep in mind:

"Why is liberalism looking more and more like radical Islam? With radical Islam, the problem isn't Islamic terrorism, the problem is the islamophobes who insist on exposing the link to Islam. With radical Islam, those who speak out against human rights violations are the instigators, not those who commit the atrocities. With radical Islam, its the uncovered woman at fault, not the rapist".. The leftists are doing the same here>

[pagar]

the link for my 08:47 post.

http://mypetjawa.mu.nu/archives/212782.php

[narciso]

Aaron Worthing has been swatted again, maybe the US Atty, for the region, might look into that.

[Jane]

I am really at a loss at what to do about this power grab. It certainly is out of the tea party realm, and would seem to depend on elected officials who appear to be sitting on their hands.

I'm very depressed about it.

[Jack is Back (Again)!]

JIM,

Phelphs qualified and he will in each of his races.

[pagar]

Jane, hard to be more depressing than this story.

http://wyblog.us/blog/immigration/send-the-bill-to-la-raza.html

Mom charged $50 to clean street after son killed by drunk illegal alien

This is insane.

[Sara]

ROMNEY:

”[G]iven the failure of the immigration policy in this country, I would have preferred to see the Supreme Court give more latitude to the states, not less,” he said. “And there are states now under this decision have less authority, less latitude, to enforce immigration laws.” Because Obama hasn’t acted, he said, “it’s a muddle.”

[Sara]

Here is the full statement that I heard on TV:

Boston, MA - Today, Governor Mitt Romney issued the following statement in response to the U.S. Supreme Court's ruling on the Arizona immigration law:

"Today's decision underscores the need for a President who will lead on this critical issue and work in a bipartisan fashion to pursue a national immigration strategy. President Obama has failed to provide any leadership on immigration. This represents yet another broken promise by this President. I believe that each state has the duty--and the right--to secure our borders and preserve the rule of law, particularly when the federal government has failed to meet its responsibilities. As Candidate Obama, he promised to present an immigration plan during his first year in office. But 4 years later, we are still waiting."

[les nessman]

""Absent that, ICE will tell the local police to release the person.""

Well then, the local pd should just say "Um, no thanks. We arrested them all legal-like. We're just going to keep on holding them until you physically come here and get them yourselves."
Then call the local, national and international press corpse and tell them to come report on the poor little illegals rotting away in the jail cells and outdoor prison camps, all because the Feds won't come and do their job.

If the Feds do eventually come and release the illegals, arrest them again right then and there and start the process all over.
Force the Feds to fly all of them out of state to release them. Make it a total three ring fiasco.

Arizona, you and all the states have lost. A coup has taken place and Fedzilla now rules over you with impunity. So you might as well take measures to highlight the obscenity we have become.

[Agent J]

My first thought was to arrest the illegals, load them on a plane an take them to Washington DC. Turn them loose into the terminal ..Three of four plane loads would cause some type of action..