The US Supreme Court Decision on the Arizona Immigration Law

Many of us were expecting the US Supreme Court to issue its ruling on Obamacare today.
Instead, we got its ruling on the Arizona immigration law.
We are still waiting for the landmark decision on the federal health care overhaul, which is now expected to be released on Thursday.
The Court overturned three of the four provisions of Arizona’s controversial law but left intact the state’s right to require immigration checks in conjunction with routine stops. But, since the Court threw out the provision allowing Arizona police to make arrests of anyone they suspect of having committed a deportable offense, the continuation of immigration checks may be little more that window dressing without enforcement powers, something that could turn into a form of police “harassment” that could itself draw lawsuits.
The other two provisions struck down were those making it a crime for an illegal immigrant without a work permit to seek a job, and requiring all immigrants to carry their immigration status papers with them at all times.
The Court was unanimous about allowing the checks to continue and divided about the other three provisions struck down.
Democratic commentators were mostly positive, saying that the ruling has repudiated the Arizona law. Republicans were muted in their comments, choosing to continue their demand that the Obama administration move forward with immigration law reform.
Arizona Governor Jan Brewer, a Republican, said that the state would comply with the Court’s decision and go on with its checks. She cautioned Arizona police, saying "Law enforcement will be held accountable should this statute be misused in a fashion that violates an individual's civil rights."
"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," the Governor added.
Justice Anthony Kennedy wrote the majority opinion, and was joined by Chief Justice John Roberts and Justices Stephen Breyer, Ruth Bader Ginsburg and Sonia Sotomayor.
Here are some highlights of The Supreme Court decision:
1. On the immigration checks provision, Kennedy wrote that "uncertainty" over how that policy would be carried out prevented the Court from assuming it would conflict with federal law. "As a result, the United States cannot prevail in its current challenge," Kennedy wrote.
He also issued a warning about the rest of the law: "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."
2. Justice Kennedy wrote that "discretion in the enforcement of immigration law embraces immediate human concerns," and also "involve(s) policy choices that bear on this Nation's international relations….The pervasiveness of federal regulation does not diminish the importance of immigration policy to the States. Arizona bears many of the consequences of unlawful immigration."
As might be expected, the Obama administration, which was hostile to Arizona’s position in enforcing immigration law, lost no time in reacting to the Supreme Court decision.
Administration officials said Monday they are suspending a key program, known as 287(g), which permitted state and local law enforcement to jointly enforce federal immigration law by allowing local authorities to make immigration-based arrests. This action will further weaken efforts by Arizona and other states to take the lead on immigration enforcement.
The Obama administration’s action was partly explained as a reflection of its concern about the possibility of "racial profiling," although Governor Jan Brewer denies this will occur.
To address those concerns, Obama administration officials will stop enforcement cooperation with local jurisdictions, which means that even if local police perform immigration checks, they will have to rely on federal officials to make the arrests.
Officials also said Immigration and Customs Enforcement will be selective in responding to the expected increase in calls from Arizona and other police agencies about the immigration status of people they pull over. Officials said ICE will not respond unless the person in question meets certain criteria -- such as being wanted for a felony.
If this sounds like something more than a reaction of the Obama administration to possible racial profiling, you may be right, dear readers.
It sounds a lot like President Obama is trying to strike down by executive action the part of the Arizona law that The Supreme Court left in place. Just one more example of President Obama’s over-reaching attempts to take away judicial powers and roles granted under the US Constitution and largely preserved until now.