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View Diary: Idiot governor of Arizona celebrates SCOTUS decision to sort of uphold racial profiling (115 comments)

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  •  Actually, even the "win" for them on the (8+ / 0-)

    "papers, please" provision was no more than a pyrric victory.  The Court said:

    The nature and timing of this case counsel caution in evaluating the validity of §2(B). The Federal Government has brought suit against a sovereign State to challenge the provision even before the law has gone into effect. There is a basic uncertainty about what the law means and how it will be enforced. At this stage, without the benefit of a definitive interpretation from the state courts, it would be inappropriate to assume §2(B) will be construed in a way that creates a conflict with federal law.... This opinion does not foreclose other preemption and constitutional challenges to the law as interpreted and applied after it goes into effect.
     emphasis mine.

    All the Court did was say that a Federal challenge on the provision was really not ripe.  If the provision is implemented in a manner which results in racial profiling, then a challenge on Equal Protection grounds will be in order.

    Ultimately, the only thing that matters with respect to preserving choice is who will be nominating the next Supreme Court Justices.

    by Its the Supreme Court Stupid on Mon Jun 25, 2012 at 08:57:24 AM PDT

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