Op-ed:
Straddling the fence...the Supreme Court cops out
By: Diane Sori
With yesterday’s Supreme Court ruling there went our states having the right to enforce the sovereignty and security of their own borders. And after the dust settled and we had time to digest the ramifications of the Court’s ruling, it’s now obvious that the Supreme Court Justices partook of the kool-ade, if not guzzling it down whole they did at least sip from the cup.In a majority ruling the Supreme Court Justices (Elena Kagan recused herself from the case because of her work as Obama's first solicitor general) did just what I expected...they straddled the fence on Arizona Immigration Law SB1070. The Justices ruled against three provisions they felt overrode existing federal law, but surprisingly unanimously upheld an important key provision that Arizona Governor Jan Brewer called “the heart of the bill” that allowed police to check a person's immigration status while enforcing other laws if ‘reasonable suspicion’ existed that the person was in the country illegally.
While this ruling does allow police limited authority, it also states that the police must check with federal immigration agents before actually holding suspects, and in addition restricts a state’s ability to detain someone over their status if such detentions are deemed too long.
It’s like a game of tug of war where both sides collapse and no one wins.
And by ruling that the federal government does indeed have the final authority in deciding who can be held and who can be deported, the Justices upheld the federal government’s right, and their right alone, to set the country’s immigration policy and laws. This directly affects Obama’s politically driven change to our long-standing immigration policy, and gives credence to his now allowing young ILLEGALS who were brought to this country as children to be able to apply for temporary work visas, which gives them a 2-year temporary stay in deportation.
Can full blown amnesty be far behind....that for sure is coming next.
Two of the three provisions the Justices did strike down would have made it a crime for undocumented immigrants ‘to be present and to carry documents seeking employment’ in Arizona. The third would have given police the authority to make warrantless arrests of anyone they had probable cause to believe had committed a deportable offense.
It’s one out of four...NOT exactly what we wanted but at least NOT a total victory for Obama either for as soon as the ruling came down, Obama’s team was already at work trying to overturn the one provision, the so-called ‘heart of the bill’ that did stand.
So, the bottom line is this folks...these nine individuals have said to all of us millions of LEGAL Americans that even though the majority of ’We the People’ do NOT want Obama’s change to our immigration policy, and we DO want Arizona to be able to secure their own borders, that all we want means absolutely nothing as the rights of ILLEGALS have now trumped the rights of us LEGAL American citizens.
As I've said before, November 6th can’t come soon enough.
Unfortunately, even the conservative members of the Supreme Court go to the same Georgetown cocktail parties that the liberals do. I don't know for a fact, but I've heard that Chief Justice Roberts didn't want another 5-4 ruling, so he split the difference with the other justices leaving Scalia to write the dissenting (and I feel the correct) opinion. This should, unfortunately, erase, or at least temper, conservatives' optimism on the upcoming health care ruling. The mandate may be thrown out. It may not. The court might issue another equally muddled ruling on Obamacare as well. The best our side can do is mitigate the damage and work harder than ever to get not just Mitt Romney elected, but as many conservatives elected to the Senate. Without the ability to override a liberal filibuster, we won't get anymore conservative justices on the court. And we know the liberals won't go quietly. Not from their last bastion of power, where they can get laws passed by judicial fiat that would never make it to the ballot box. Even if we win in November, the battle goes on.
ReplyDeleteYou are so right in everything you said. Let me add that I am totally disappointed in Justice Roberts, I thought he had the courage to stand his ground. Kudos to Justice Thomas, a true Conservative. Our last hope is to get Mitt Romney elected so he can start the repeal of all this liberal nonsense. Then maybe the kool-ade will dry up.
DeleteIt takes the approval of only 38 States to remove and replace the Federal Government.
ReplyDeleteHmmmmmm...something to remember come November. :)
Deleteif you put your faith in these bought and paid for clowns, then disapointment is sure to follow.....
ReplyDeleteI have NO faith in them but I do have faith in 'We the People' to correct this horrible wrong!
DeleteThe most worrisome point of the SCOTUS decision is their enabling of the Obama administration to act in an unconstitutional manner by allowing them to not enforce the Federal Code of Regulations (CFR)regarding immigration. Obama ordered Immigration & Customs Enforcement (ICE) to not deport about 800,000 children of illegal immigrants, basically telling them to ignore sections of the CFR that order ICE to do so. The Obama administration also cancelled Arizona law enforcement's ability to act under a provision enacted under the Clinton administration called 287(g) that basically deputizes trained police to act as ICE agents to identify persons in the US that have entered without inspection.
ReplyDeleteThe Obama administration continues to side with the criminal elements in our country, thinking that they represent the votes that he will need to get re-elected. All Americans need to be made aware of this.
Can you say treason and crimes again America...I can!
DeleteNow this is the serious condition between the legal and illegal ones.
ReplyDeleteExactly, as any who came here LEGALLY should be appalled and outraged!
ReplyDelete