Az vs US SCOTUS Scalia's dissent

[tombogan03884]

http://news.yahoo.com/blogs/ticket/arizona-dissent-scalia-blasts-obama-deportation-stay-immigration-185431255.html

In Arizona dissent, Scalia blasts Obama’s deportation stay, immigration policies

In a stinging, 22-page dissent to Monday's decision striking down most of Arizona's tough anti-illegal immigration law, Justice Antonin Scalia criticized President Barack Obama's announcement earlier this month that he would stay the deportation of young illegal immigrants and suggested that the federal government does not want to enforce its immigration laws.

"The president said at a news conference that the new program is 'the right thing to do' in light of Congress's failure to pass the administra­tion's proposed revision of the Immigration Act," Scalia, a Reagan appointee, wrote in his dissent. "Perhaps it is, though Arizona may not think so. But to say, as the Court does, that Arizona contradicts federal law by enforc­ing applications of the Immigration Act that the President declines to enforce boggles the mind."

Scalia went on to write:

    Arizona bears the brunt of the country's illegal immigration problem. Its citizens feel themselves under siege by large numbers of illegal immigrants who invade their property, strain their social services, and even place their lives in jeopardy. Federal officials have been unable to remedy the problem,and indeed have recently shown that they are unwilling to do so. Thousands of Arizona's estimated 400,000 illegal immigrants—including not just children but men and women under 30—are now assured immunity from en­forcement, and will be able to compete openly with Ari­zona citizens for employment.

Scalia also repeatedly referenced Obama's policy of prosecutorial discretion, which directs Immigration and Customs Enforcement agents to prioritize deporting the illegal immigrants who are frequent border crossers, have committed crimes, or recently entered the country illegally. The Obama administration has deported a record number of illegal immigrants, but its prosecutorial discretion policy still draws the ire of illegal immigration hawks.

Scalia directly referred to Obama's immigration enforcement policy as "lax" at one point.

"Must Arizona's ability to protect its borders yield to the reality that Congress has provided inadequate funding for federal enforcement—or, even worse, to the executive's unwise targeting of that funding?" Scalia asked. Later, he added: "What I do fear—and what Arizona and the States that support it fear—is that 'federal policies' of nonen­forcement will leave the States helpless before those evil effects of illegal immigration."

The federal government "does not want to enforce the immigration laws as written, and leaves the States' borders unprotected against immigrants whom those laws would exclude," Scalia alleged.

Arizona's entire immigration law should be upheld, Scalia wrote, because it is "entitled" to make its own immigration policy. At one point, he cites the fact that before the Civil War, Southern states could exclude free blacks from their borders to support the idea that states should be able to set their own immigration policies.

The majority of the justices, including Chief Justice John Roberts, ruled that most of Arizona's law is unconstitutional, save for the provision that allows police officers to ask about immigration status during stops.

[twyacht]

Thanks tom for posting a portion of his dissent. Common sense and logic. WOW what concept to use as it relates to the Constitution.

quote from Scalia:

"Must Arizona's ability to protect its borders yield to the reality that Congress has provided inadequate funding for federal enforcement—or, even worse, to the executive's unwise targeting of that funding?" Scalia asked. Later, he added: "What I do fear—and what Arizona and the States that support it fear—is that 'federal policies' of nonen­forcement will leave the States helpless before those evil effects of illegal immigration."

and the usurping of the 10th Amendment, since the Fed won't (now) even answer the phone from AZ LEO's....Thanks Big Sis...

Gov. Brewer should send the AZ NG to the Border. It's within her power to do so, and declare a State Of Emergency,....than let Big Sis, and BHO get a case of the runs and think about it in the bathroom, an "office" and throne they deserve to sit on.

[crusader rabbit]

I've always had a great deal of respect for Justice Scalia.  The man actually understands the Constitution, and he knows how to use his head for more than a hatrack.  He may not always be right, but if he's wrong, it's thoughtfully wrong.

Crusader