Scalia speaks
Speaking in dissent of most of the courts rulings on Arizonas immigration law, Scalia took a clear swipe in his remarks at the Obama administrations new policy ending deportations of many young adults brought into the country illegally which was not part of the Arizona case.
The president has said that the new program is the right thing to do in light of Congresss failure to pass the administrations proposed revision of the immigration laws, Scalia said. Perhaps it is, though Arizona might not think so.
Scalia asked whether states would have entered into the union had the Constitution included a clause enacting immigration laws but stipulating that the president had a choice on whether to enforce them. Delegates would have rushed to the exits at Independence Hall.
By passing a state immigration law, he added, Arizona had moved to protect its sovereignty not in contradiction of federal law, but in complete compliance with it.
But, if securing its territory in this fashion is not within the power of Arizona, we should cease referring to it as a sovereign state.
The court upheld a key piece of the Arizonas law requiring police to check the immigration status of those they arrest or stop for questioning but struck down other pieces of the law, arguing the state had stepped into the bounds of federal law.
To say, as the Court does, that Arizona contradicts federal law by enforcing immigration law that the president declines to enforce boggles the mind, Scalia said.
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Supreme Court Justice Antonin Scalia takes swipe at Barack Obama's immigration action - POLITICO.com