http://news.yahoo.com/hurt-arizona-immigration-law-hispanics-organize-070343097.htmlSo Justice Kagan recused herself, which is something another Supreme Court Justice didn't have the decency to do when he was involved in a case with the vice president, so because of that the Arizona law will now be upheld at least in part. Historically, traditionally, this was a simple thing: federal issue, separation of powers, the states were to keep out of it. The law would've been barking up the wrong tree, plain and simple. So basically no matter how SCOTUS phrases it, they will be carving out an exception against basically all precedent.
"Roberts tried to cut off the argument that the Arizona law would lead to ethnic and racial profiling of Hispanics by interrupting the government attorney's opening statement and asserting that profiling was not at issue in the case."
.... WTF is this? You won't even listen to arguments about racial profiling, because it's "not an issue...?" What's it like in make believe land? Alabama who has already passed a similar law has shown that Toyota executives and their visiting Asian investors have been harassed by this policy because essentially they aren't white. "It isn't an issue?" Really? This case has nothing to do with that whatsoever? This case has everything to do with that, because it's basically a "if you're brown have your papers on you at any and all times in case you're so much as pulled over," law.
16% of the US is Hispanic. I guess once states enact similar laws, they can all start carrying their birth certificates or other papers....
No, this needs to be a federal, uniform policy under traditional federal question and international relations principles. If the INS isn't doing its job or cant because the problem outpaces its funding, then deal with that, not a patchwork of laws. This will make Criminal Defense a nightmare and the court doesn't care.