Monday, June 25, 2012

The Supremes Rule on Immigration, Juvenile Parole, and Montana Corporations

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Wow - news is still coming in after an intense morning.
You can read my collection of Pre-Ruling Tweets at Snark Amendment

No Health Care Ruling today ~ we must wait till Thursday. *sigh*

Today they ruled on three things:

1. Juveniles cannot be given life in prison without parole. Good all around.

2. The Court refused to hear an appeal from the State of Montana about corporations buying elections, therefore they upheld their previous Citizen's United decision. That's good for Mitt Romney, because as he says "corporations are people, my friends." But the decision will only get the Democratic base more fired up.

3. The biggest deal today - they threw out most of Arizona's state immigration law, except for the right to check someone's papers under "reasonable suspicion." Sheriff Joe Arpaio will be so happy about that, but it's also a win for the Obama Administration because Arizona lost everything else.



Read Scalia's Dissenting Opinion on Arizona Here (PDF)

Washington Post Story:
The Supreme Court on Monday rejected much of Arizona’s controversial immigration law, but upheld other provisions, giving a partial victory to the Obama administration.
The court ruled that Arizona cannot make it a misdemeanor for immigrants to fail to carry identification that says whether they are in the United States legally; cannot make it a crime for undocumented immigrations to apply for a job; and cannot arrest someone based solely on the suspicion that the person is in this country illegally.
However, the court let stand the part of the law that requires police to check the immigration status of anyone they detain, if there is “reasonable suspicion” that the person is unlawfully in the United States. Even there, though, the justices said the provision could be subject to additional legal challenges.
CNN ~ Court to Arizona: You Went Too Far
"The national government has significant power to regulate immigration," Justice Anthony Kennedy wrote in the majority opinion, adding that "Arizona may have understandable frustrations with the problems caused by illegal immigration while that process continues, but the state may not pursue policies that undermined federal law."
Provisions struck down included:
-- Authorizing police to arrest immigrants without warrant where "probable cause" exists that they committed any public offense making them removable from the country.
-- Making it a state crime for "unauthorized immigrants" to fail to carry registration papers and other government identification.
-- Forbidding those not authorized for employment in the United States to apply, solicit or perform work. That would include immigrants standing in a parking lot who "gesture or nod" their willingness to be employed.
Justice Antonin Scalia, writing for the minority, argued the court's ruling encroached on Arizona's sovereign powers.
"If securing its territory in this fashion is not within the power of Arizona, we should cease referring to it as a sovereign state," Scalia wrote in the dissent backed by Justices Samuel Alito and Clarence Thomas.
About the Montana ruling, Via UPI:
The challengers to the Montana law, a small group of non-profits and corporations, told the U.S. Supreme Court in their petition that the riot of independent spending following Citizens United is irrelevant.
The Supreme Court majority said there was little difference between the struck-down federal law and the Montana law.
"In Citizens United vs. Federal Election Commission, this court struck down a similar federal law, holding that 'political speech does not lose First Amendment protection simply because its source is a corporation ...,'" the Supreme Court majority said in a per curiam, or unsigned, opinion, Monday. "The question presented in this case is whether the holding of Citizens United applies to the Montana state law. There can be no serious doubt that it does."
Justice Stephen Breyer, joined by the court's three other liberals, dissented.

No More Juveniles Serving Life Without Parole
The high court on Monday threw out Americans' ability to send children to prison for the rest of their lives with no chance of ever getting out. The 5-4 decision is in line with others the court has made, including ruling out the death penalty for juveniles and life without parole for young people whose crimes did not involve killing.
The decision came in the robbery and murder cases of Evan Miller and Kuntrell Jackson, who were 14 when they were convicted.




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