By Randy Rose
The U.S. Supreme Court Upheld the majority of SB 1070 on Monday which allows officers to ask about Immagration Status whenever they are making a lawful stop. The Progressive left said it was about Racial Profiling but that proved to be a Red Herring as the Justices voted 5-3, they never cosidered the Obama Admisistration’s contention of racial profiling. The portion of the law that made it a crime for an illegal immigrant to seek work was struck down as a federal government jurisdiction.
Justice Anthony Kennedy, the court’s swing vote, wrote the opinion and was joined by Chief Justice John Roberts, Ruth Bader Ginsburg, Stephen Breyer and Sonia Sotomayor. Conservative Justices Antonin Scalia, Samuel Alito and Clarence Thomas partially dissented, saying the entire law should have been upheld.
In the opinion, Justice Kennedy wrote that the federal government’s “power to determine immigration policy is well settled.” But he also showed concern for what he described as Arizona’s outsize burden in dealing with illegal immigration, seeming to sympathize with their decision to butt in on immigration enforcement. “Arizona bears many of the consequences of unlawful immigration,” he wrote. “Hundreds of thousands of deportable aliens are apprehended in Arizona each year.” But, ultimately, the justices found that Arizona can not mete out their own state punishments for federal immigration crimes.
“Arizona may have understandable frustrations with the problems caused by illegal immigration while that process continues, but the State may not pursue policies that undermine federal law,” Kennedy writes in the opinion’s conclusion.