I don’t want to be overconfident about how the Supreme Court will rule on Arizona’s SB 1070. But some of the comments from some of the justices were encouraging.
According to Supreme Court hears Arizona immigration law , ByAlia Beard Rau, Arizona Republic, Apr. 25, 2012,
“The court spent the bulk of its time on SB 1070's Section 2, which includes the requirement that law enforcement check an individual's legal status in certain situations during a stop, detainment or arrest.”
Here’s a quote from Justice Antonin Scalia:
“The state has no power to close its borders to people who have no right to be there? What does sovereignty mean if it does not include the ability to secure your own borders? Arizona is not trying to kick out somebody the federal government has not said does not belong here."
Chief Justice Roberts: “I don't see the problem. This is not an effort to enforce federal law. It's an effort to tell you about violations of federal law. It seems to me the federal government just doesn't want to know who is here illegally."
When Solicitor General Verrilli said that SB 1070 would result in “mass incarceration of illegal immigrants”, Scalia had a good reply: "Solve the problem of mass incarceration by simply deporting these people."
Verilli said it "raises significant foreign-relations issues." Scalia would have none of that, responding "We have to enforce our laws in a manner that will please Mexico?”
At the risk of getting my hopes up over the ruling, it’s good to see a little common sense on display on the Court.