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Scalia: Arizona Ruling 'Boggles the Mind'

Justice unloads on Obama, even as both sides declare victory

By Kevin Spak,  Newser Staff

Posted Jun 25, 2012 12:06 PM CDT

(Newser) – Reactions are flying in to the Supreme Court's decision to strike down much of Arizona's immigration law, but one of the most extreme came from the court itself. Speaking in dissent of the ruling, Antonin Scalia questioned whether Arizona and other states would have even joined the union if they'd known today's ruling was coming, Politico reports. He said the ruling particularly "boggles the mind" in light of Obama's recent executive order on immigration. He said delegates at the constitutional convention would have "rushed to the exits" at the thought of Obama's move.

But while Scalia may have been incensed, seemingly every other quarter was declaring victory, or at least partial victory. For example:

  • Jan Brewer called it a "victory for the rule of law," and for the 10th Amendment, because "the heart of SB 1070 can now be implemented," meaning the provision requiring police to check the immigration status of people stopped for other crimes.
  • Joe Arpaio agreed. "I think this is a good section that's been upheld," he said, though he lamented the loss of "the authority to arrest illegal aliens just by being there illegally."
  • President Obama said he was also "pleased" with the decision, which "makes unmistakably clear (that) Congress must act on comprehensive immigration reform," but said he was still "concerned" about the remaining provision, according to CNN.
  • Mitt Romney's statement, meanwhile, was decidedly vague. "Today's decision underscores the need for a president who will lead on this critical issue," he said. "President Obama has failed to provide any leadership on immigration." He said every state has a duty and right to secure its borders, but offered no explicit opinion on the ruling itself.

In this March 8, 2012 file photo, Supreme Court Justice Antonin Scalia speaks at Wesleyan University in Middletown, Conn.
In this March 8, 2012 file photo, Supreme Court Justice Antonin Scalia speaks at Wesleyan University in Middletown, Conn.   (AP Photo/Jessica Hill, File)
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COMMENTS
Showing 3 of 103 comments
jgarbuz
Jun 26, 2012 8:41 AM CDT
In many if not most countries in the world, you have to have "identity papers"  or some kind of ID which you have to present if asked by police. In the US we circumvented this by making the social security number and your driver's license de-facto "identity papers."  I think it is a good thing that Americans are culturally opposed to government being given unlimited power  when it comes to snooping into their lives. It is healthy to be suspicious of government. However, if a country cannot control its borders, and cannot be allowed to identify people who are illegally in the country, that is insanity. OTOH,  I don't thing people should be targeted just because they don't "look like" they belong here. We call that "racial profiling." So how do we distinguish between those who do, and those who don't?  I don't know the precise answer. Someone has to do the job, be it companies who hire people for work, or some other way. Somehow we have to check BEFORE something bad happens, be it criminal, sabotage, terror, or whatever. The Supreme Court at telling legislatures what they consider "unconstitutional" but not very good at giving advice on how to do it in a "constitutional way."
ERICAIELLO
Jun 25, 2012 11:09 PM CDT
If there was ever a reason for term limits for the SC, Scalia is one of them
cornelison
Jun 25, 2012 9:27 PM CDT
If Scalia hates the country and Obama so much he should bugger off to the Caymans.
 

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