Yesterday, the Supreme Court rejected three elements of Jan Brewer’s Arizona immigration law. The decision pointed out that the state usurped power properly belonging to the federal government while leaving the racial profiling portion of the law intact.
That seems backwards.
The law is a concern to many as it allows Hispanic citizens to be stopped if they look suspiciously like they are illegal. It smells like racial profiling. It implies racial profiling.
So the Court, essentially left racial profiling on the table, simply saying that only the federal government could engage in it. It feels like a double-loss. Hispanics weren’t given any legal assurances and the federal government’s power expanded even though neither party in the federal government is willing to spend capital on immigration.
That’s a disappointing decision any way you look at it. Soon the Court will take another look at the heart of the law. As for the authority of the states? That part of the opinion isn’t going away.