My friend Andy Gordon is as much a “Justice” as I am a “Dr.,” but we’ve been playing that name game for so many years it’s kinda stuck. I provide messaging opinions and he does the same with legal stuff.
So, when it comes to something like a legal perspective on the Supreme Court’s SB1070 ruling, Andy’s opinion is the one I trust the most. He sent it over this morning:
Governor Brewer and the pro-1070 folks got their ass spanked today by Supreme Court. Court affirms that immigration is a national policy and that feds are supreme. It then strikes down section 3 which makes it a state crime to not carry immigration papers, 5(c) that makes it a crime for illegal alien to apply for or solicit work and 6 which permits Arizona cops (law enforcement officers, i.e., LEOs) to arrest someone if cop believes he’s committed crime that makes person removable from US. In other words, Court struck down each of key enforcement provision that the Brewers and Arpaios were touting.
The section Court left in place, 2(B), is the one that allows cops to check someone’s immigration status if person is otherwise lawfully detained or arrested for state or local crime. However, even there, Court reads it very narrowly and says whether or not this is constitutional will depend on how local courts interpret it and cops enforce it. Court reads what is permissible very narrowly.
Pretty much point game match to anti-1070 folks. Big win for Obama and Department of Homeland Security.
