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View Diary: Will SCOTUS uphold Arizona's 'papers, please' law? (33 comments)

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  •  That doesn't seem like a sufficient reason - (1+ / 0-)
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    If SCOTUS says this law is okay without addressing equal protection, it seems harder to then re-challenge it on that basis...

    •  I could guess (5+ / 0-)
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      Supavash, Irixsh, WisVoter, kaliope, MrJersey

      (but may be wrong) that it's tactical. Better to send the case to SCOTUS on the preemption issue first than on the racial profiling issue. This Court is not very good on race issues.

      That said though, they absolutely can hear the equal protection challenge if it involves parts of the law that still remain in effect after this decision comes out.

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      by Scottie Thomaston on Sat Jun 23, 2012 at 02:33:09 PM PDT

      [ Parent ]

    •  equal protection (4+ / 0-)

      is a separate argument from preemption. The statute could be found to be perfectly fine in preemption world, yet still transgress equal protection.

      One can comport with the Constitution in many ways, yet a violation of even one constitutional stricture puts you squarely in the dumper. For instance, the Yick Wo people could have been told to bugger off on the commerce clause, yet on equal protection they prevailed.

      The Friendly House people are developing a good record on equal protection. That was not true of the case currently before the court.

      There is of course the risk that the hack judicial activists on the high court could run utterly wild and pronounce the Arizona statute so wondrous and god-blessed that it does not now and never can violate any constitutional provisions whatsoever, world without end, amen. However, it is hard to imagine that even this clown car would careen so wildly from what is proper and customary.

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