I'm not a lawyer and I don't try to play one on TV. But reading through the Supreme Court ruling on the Arizona immigration law, it just seems like it is a win for the Obama Administration and a major setback for states looking to exert some influence in the arena of illegal immigration.
There were four contested provisions before the Supreme Court, and three of them were struck down by the Justices - they would have:
* Made it a crime for illegals to seek work or work without a permit in Arizona
* Made it a crime for illegals to not carry immigration documents
* Allowed police to arrest people for immigration violations without a warrant
Those were clearly efforts by the state of Arizona to enact extra penalties against illegals, as backers argued that the states had to do something to offset the lack of enforcement and action by the federal government.
But the Supreme Court ruling made clear that the states have no role in trying to legislate additional penalties for illegal immigrants.
"The Supremacy Clause provides a clear rule that federal law 'shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding,' as the Justices quoted Article VI, clause two of the U.S. Constitution.
"The Supremacy Clause gives Congress the power to preempt state law," the majority wrote.
The one provision that survived - and the Justices made clear that it can still face further lawsuits - only deals with allowing police the power to ask for immigration status when stopping someone for another reason.
"This opinion does not foreclose other preemption and constitutional challenges to the lawas interpreted and applied after it goes into effect," the Court wrote about the "show us your papers" provision, as some critics have labeled it.
So, in the end, the efforts of Arizona to lay out new possible criminal penalties for illegals living and working within the borders of the Grand Canyon State did not work.
Yes, the police still have the ability to ask about immigration status, but that can still be challenged in the courts once the provision goes into effect.
That doesn't sound like a victory for those who want other states to pass new laws cracking down on illegals.
