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KENNEDY, J., delivered the opinion of the Court, in which ROBERTS,C. J., and GINSBURG, BREYER, and SOTOMAYOR, JJ., joined. SCALIA, J., THOMAS, J., and ALITO, J., filed opinions concurring in part and dissenting in part. KAGAN, J., took no part in the consideration or decision of the case.10:16
Amy Howe:
Here's the second and only other opinion in Arizona.
10:16
Amy Howe:
Justice Kennedy announces.
10:16
Amy Howe:
The Ninth Circuit is reversed in part and affirmed in part. Justice Kagan does not participate.
10:17
Amy Howe:
The Court rules that Section 3, 5, and 6 are preempted.
10:17
Tom:
Most of the key provisions of SB1070 (3 of 4) are invalidated. One provision is held not to be proved preempted; it must be construed.
10:18
Amy Howe:
It was improper for the lower courts to enjoin Section 2(B), which requires police officers to check the legal status of anyone arrested for any crime before they can be released.
10:19
Kali:
We will have more substanative analysis of the decision in Arizona v. US from Lyle later this morning or early this afternoon. We are also looking forward to guest analysis on the decision from Marc Miller and Jack Chin from Univ. of Arizona and UC Davis law schools, respectively, Lucas Guttentag of Yale & Stanford, Jay Sekulow from the ACLJ, Peter Spiro at Temple, John Eastman at Chapman, Rich Samp at the Washington Legal Foundation, and Kevin Johnson, also at UC Davis. Tune back in for their posts.
10:19
Tom:
The provision that the Court says is not yet preempted is the "check your papers" provision that commands officers to check immigration status.
10:20
Amy Howe:
The opinion also says that today's ruling does not foreclose other preemption and constitutional challenges to the law.
10:20
Tom:
The court says that it is not clear whether application of this provision will interfere with immigration law.
10:20
Amy Howe:
There are ongoing proceedings on Section 2(B) and whether it involves racial profiling; that issue was NOT before the Court today.
10:20
Kali:
Here's a link to the opinion in Arizona v. US:
http://www.supremecourt.gov/opinions/11pdf/11-182b5e1.pdf
10:21
Tom:
Justice Scalia would uphold the Arizona statute in toto.
10:21
Amy Howe:
Justice Kennedy is still reciting from the opinion.
10:23
Amy Howe:
We do not expect any additional opinions today, so NO health care today.
the supremes left intact section 2(b) the "show your papers please" portion of arizona SB 1070 when this should have been the first part of the bill struck down! supposedly, there is more litigation concerning the legality of section 2(b) moving along through the courts.
