Supreme Court Rulings

[shovelheadt 71]

Figured you guys would like a one stop shop to discuss the multiple rulings of the next few days. All quotes are from CNN

 

The Supreme Court has issued 5-3 decision in favor of U.S. government, with Justice Kennedy saying that the government has significant power to regulate immigration and while Arizona may have signifacnt frustrations they may not have policies that undermine federal law. This is a win for the federal government and a loss for Arizona.

 

The Court ruled largely in favor of the U.S. government, striking down three parts of the Arizona immigration law, but the Court did uphold one the most notorious provisions: A requirement that local police officers check a person's immigration status while enforcing other laws if "reasonable suspicion" exists that the person is in the United States illegally.

 

The question now is can that single provision stand on its own, or does the court action mean Arizona has to go back to the drawing board on their immigration law.

[shovelheadt 71]

We have a ruling on the juvenile justice case, which involves the question of whether a 14-year-old can be sentenced to life without the chance for parole or if that was deemed cruel and unusual punishment, Bill Mears reports.

 

The court has reversed an earlier ruling against two 14-year-old children and has issued an opinion in favor of the underage children, saying they should have a chance to argue for parole someday. It was a 5-4 ruling. Justice Kennedy was the swing vote in favor of the defendants. The ruling essentially means that juveniles cannot be sentenced to life without parole.

[shovelheadt 71]

The court has thrown out a Montana state ruling on limiting spending in state elections, by saying it believes the historic Citizens United case applies to state elections as well. The court will not hear oral arguments on the case.

 

The Court has also decided not to hear the case about the Mt. Soledad memorial cross near San Diego that was on public land. A court had ruled the cross can be taken down, and the decision now clears the way for that to happen.

[jerryskids 7,052]

Figured you guys would like a one stop shop to discuss the multiple rulings of the next few days. All quotes are from CNN

 

 

 

Here is more on SB 1070 ruling:

WASHINGTON -- The U.S. Supreme Court, in a major immigration ruling, upheld parts of Arizona’s strict law targeting illegal immigrants, but said the federal government has the ultimate authority to decide who will be held on immigration charges and deported.

 

The decision is a partial victory for Arizona Gov. Jan Brewer as well as for President Obama, whose administration had sued to block the state law from taking effect.

 

The justices said Arizona’s police can stop, question and briefly detain immigrants if officers have reason to believe they are in the country illegally. This was seen as a key part of the state’s law.

 

But the justices said the police have limited authority. They must check with federal immigration agents before deciding to hold the suspects.

 

The justices also blocked parts of Arizona’s SB 1070 that would have made it a state crime for illegal immigrants to fail to carry documents or to seek work.

 

The court’s decision appears to give states such as Arizona a quite limited role in enforcing the laws against illegal immigrants. Their police can notify federal agents if they have a suspect in custody, but they cannot keep them in a county jail on state charges.

 

 

LA Times article

 

Seems like mostly a win for the feds. I don't know if people know the back story on the first bolded part -- police have always been allowed to do it. The new law REQUIRED them to do it. This was put in place because at the local level, a handful of cities weren't doing it and became "sanctuary cities" for illegals. The state was trying to stop that behavior. So basically SCOTUS said that the state has jurisdiction over such local police matters, as near as I can tell.

[shovelheadt 71]

Looks like we have to wait a couple days for the big one.

 

The Supreme Court will release Thursday all of its remaining rulings, including one on the constitutionality of the Obama administration's health care law, CNN Supreme Court Producer Bill Mears reports.

[Phurfur 70]

The main part of SB 1070, which is in accordance with federal law, was upheld. Both sides will declare victory.

[Reality 3,121]

Seems to me Arizona got exactly what they wanted. They get to actually apply a law that was already on the books.

[Voltaire 5,453]

Disappointing that Montana lost it's appeal and the court stuck by their Citizens United case. Super Pacs are run amok and will continue to do so for the forseeable future. I really think Citizens United is the Dred Scott and Plessy v. Ferguson of our lifetime and will join them atop the biggest SCOTUS blunders of all time.

 

[Voltaire 5,453]

I like to think that I pay attention but somehow this rapidfire dropping of court decisions one after the other has caught me off guard. I guess I never noticed the clusterbombing before.

 

I've spent every day for months checking the status of the MCRI appeal in the 6th Circuit Court and nothing, nothing and more nothing ever comes out. Since SCOTUS is dropping a bazillion cases all at the same time, maybe that's how it's done. If 6th Circuit does the same, they should be doing so now.

[shovelheadt 71]

I like to think that I pay attention but somehow this rapidfire dropping of court decisions one after the other has caught me off guard. I guess I never noticed the clusterbombing before.

 

I've spent every day for months checking the status of the MCRI appeal in the 6th Circuit Court and nothing, nothing and more nothing ever comes out. Since SCOTUS is dropping a bazillion cases all at the same time, maybe that's how it's done. If 6th Circuit does the same, they should be doing so now.

 

That, or it's a reflection of what our society/county has become..where there's so many high profile cases showing up this year.

[Voltaire 5,453]

That, or it's a reflection of what our society/county has become..where there's so many high profile cases showing up this year.

 

The big one everybody is anticipating is Obamacare.

 

The 6th circuit heard MCRI in March. Over three months ago...

 

I was ecstatic when SCOTUS took on Fisher vs Texas and will be very, very anxious to hear that ruling. that's not coming with this batch of rulings though. The hearings are scheduled for this fall. I sincerely hope that they stick a garlic coated silver dagger in the heart of affirmative action.

[shovelheadt 71]

I was ecstatic when SCOTUS took on Fisher vs Texas and will be very, very anxious to hear that ruling. that's not coming with this batch of rulings though. The hearings are scheduled for this fall. I sincerely hope that they stick a garlic coated silver dagger in the heart of affirmative action.

 

So I assume she was outside of the top 10% of her class, and was denied entry? Or was she within the top 10% and still denied entry, thus the lawsuit?

[Voltaire 5,453]

So I assume she was outside of the top 10% of her class, and was denied entry? Or was she within the top 10% and still denied entry, thus the lawsuit?

 

She just missed the 10% cutoff while some significantly less qualified students from her own school of the preferred color were admitted instead.

[IGotWorms 4,062]

Citizens United will be overturned someday. Sadly I don't think it will happen for at least a decade though, as the current Republican appointees will never admitted that their decision was wrong.

[Mike Honcho 5,412]

Citizens United will be overturned someday. Sadly I don't think it will happen for at least a decade though, as the current Republican appointees will never admitted that their decision was wrong.

 

Maybe Justice Thomas doesn't know he's wrong...somebody should wake him up and find out.

[shovelheadt 71]

I like to think that I pay attention but somehow this rapidfire dropping of court decisions one after the other has caught me off guard. I guess I never noticed the clusterbombing before.

 

I've spent every day for months checking the status of the MCRI appeal in the 6th Circuit Court and nothing, nothing and more nothing ever comes out. Since SCOTUS is dropping a bazillion cases all at the same time, maybe that's how it's done. If 6th Circuit does the same, they should be doing so now.

 

This partially answers your question...Looks like the term is about to end and they're merely trying to wrap things up before then. Guess it was just a busy year.

 

A term of the Supreme Court commences on the first Monday of each October, and continues until June or early July of the following year. Each term consists of alternating periods of approximately two weeks known as "sittings" and "recesses." Justices hear cases and deliver rulings during sittings; they discuss cases and write opinions during recesses. It is the Court's practice to issue decisions in all cases argued in a particular Term by the end of that Term. Within that Term, however, the Court is under no obligation to release a decision within any set time after oral argument.

[Phurfur 70]

Citizens United will be overturned someday. Sadly I don't think it will happen for at least a decade though, as the current Republican appointees will never admitted that their decision was wrong.

 

How do you feel about union contributions? Is there a difference?

[IGotWorms 4,062]

How do you feel about union contributions? Is there a difference?

 

Not sure. The only difference I can think of off the top of my head is that unions are not for profit. At any rate that would be an interesting issue to revisit if/when the Supreme Court comes to its senses.

[Phurfur 70]

The main part of SB 1070, which is in accordance with federal law, was upheld. Both sides will declare victory.

 

 

Both Parties Claim Victory in Arizona Ruling

 

[titans&bucs&bearsohmy! 2,745]

Disappointing that Montana lost it's appeal and the court stuck by their Citizens United case. Super Pacs are run amok and will continue to do so for the forseeable future. I really think Citizens United is the Dred Scott and Plessy v. Ferguson of our lifetime and will join them atop the biggest SCOTUS blunders of all time.

 

 

Korematsu was always my favorite WTF? Scotus ruling.

[Voltaire 5,453]

Korematsu was always my favorite WTF? Scotus ruling.

[shovelheadt 71]

Both Parties Claim Victory in Arizona Ruling

 

 

Meanwhile back on Earth...most everyone outside of Arizona agrees they got their ass handed to them. 3 out of 4 struck down, and the 4th was addressed by the court with a warning that it to would be overturned if they weren't careful.

[Phurfur 70]

Meanwhile back on Earth...most everyone outside of Arizona agrees they got their ass handed to them. 3 out of 4 struck down, and the 4th was addressed by the court with a warning that it to would be overturned if they weren't careful.

 

Vaya con Dios America!

[jerryskids 7,052]

 

 

The Obama administration said Monday it is suspending existing agreements with Arizona police over enforcement of federal immigration laws, and said it has issued a directive telling federal authorities to decline many of the calls reporting illegal immigrants that the Homeland Security Department may get from Arizona police.

 

Administration officials, speaking on condition they not be named, told reporters they expect to see an increase in the number of calls they get from Arizona police — but that won’t change President Obama’s decision to limit whom the government actually tries to detain and deport.

 

“We will not be issuing detainers on individuals unless they clearly meet our defined priorities,” one official said in a telephone briefing.

 

The official said that despite the increased number of calls, which presumably means more illegal immigrants being reported, the Homeland Security Department is unlikely to detain a significantly higher number of people and won’t be boosting personnel to handle the new calls.

 

“We do not plan on putting additional staff on the ground in Arizona,” the official said.

 

The Supreme Court ruled Monday that Arizona may not impose its own penalties for immigration violations, but it said state and local police could check the legal status of those they have reasonable suspicion to believe are in the country illegally.

 

That means police statewide can immediately begin calling to check immigration status — but federal officials are likely to reject most of those calls.

 

Federal officials said they’ll still perform the checks as required by law but will respond only when someone has a felony conviction on his or her record. Absent that, ICE will tell the local police to release the person.

 

Arizona Gov. Jan Brewer said the court’s decision frees police up to perform immigration checks. In anticipation of the ruling, she issued an executive order calling for guidance to be issued to every police department on how to fairly carry out the law.

 

“We will move forward, instructing law enforcement to begin practicing what the United States Supreme Court has upheld,” she said.

 

But the Obama administration is under pressure from immigrant-rights groups to cut down on the number of people it is deporting and has taken a number of steps to try to limit deportations of rank-and-file illegal immigrants and focus instead on those with criminal records or repeated immigration violations.

 

Last week, Mr. Obama said he would halt deportations for most illegal immigrants under 30 who were brought here as children.

 

On Monday the administration officials also said they are ending the seven 287(g) task force agreements with Arizona law enforcement officials, which proactively had granted some local police the powers to enforce immigration laws.

 

The task forces, named for the section of law that allows them, have proved popular among many localities but have been a political headache for the Obama administration, with immigrant-rights groups saying they led to abuses.

 

On Monday the administration officials said they had concluded the seven agreements they had signed with various departments in Arizona weren’t working and took the Supreme Court’s ruling as a chance to scrap them.

 

 

My link

 

I cannot tell you how much this pisses me off. And I cannot figure out which part is the worst. The non-enforcement itself is par for the course so it's not that. It is the brazenness with which, the day after the SCOTUS said that immigration remains federal jurisdiction but AZ can help with this one thing, Obama announces a hearty "fock you" to SCOTUS and AZ. I can't decide if it is a pure political move to win over hispanics (but really, why announce this so quickly?) or the signs of an impetuous little brat who suspects he isn't going to get his way with Obamacare and wanted to get a nanny nanny boo boo in.

 

Roberts is probably banging his head against his desk that he threw Obama a bone and Obama is hitting him with that same bone. Alito is probably begging to write the Obamacare majority decision so that he can add "hey Obama, lick my taint".

 

Anybody who had the illusion that Arizona was in play this election can end that fantasy. He'll be lucky to get 3 votes.

 

Fock you Obama.

 

 

 

[Recliner Pilot 61]

He'll be lucky to get 3 votes.

 

 

GFIAFP, Bratwurst.......and ?

[Bishop82 61]

GFIAFP, Bratwurst.......and ?

Darth Vader

[Recliner Pilot 61]

My link

 

I cannot tell you how much this pisses me off. And I cannot figure out which part is the worst. The non-enforcement itself is par for the course so it's not that. It is the brazenness with which, the day after the SCOTUS said that immigration remains federal jurisdiction but AZ can help with this one thing, Obama announces a hearty "fock you" to SCOTUS and AZ. I can't decide if it is a pure political move to win over hispanics (but really, why announce this so quickly?) or the signs of an impetuous little brat who suspects he isn't going to get his way with Obamacare and wanted to get a nanny nanny boo boo in.

 

Roberts is probably banging his head against his desk that he threw Obama a bone and Obama is hitting him with that same bone. Alito is probably begging to write the Obamacare majority decision so that he can add "hey Obama, lick my taint".

 

Anybody who had the illusion that Arizona was in play this election can end that fantasy. He'll be lucky to get 3 votes.

 

Fock you Obama.

 

 

The oath of office for the POTUS includes swearing to uphold the Constitution. You don't get to pick and choose which laws you want to enforce, or ignore.

 

DOMA, immigration, and now just telling an entire state FU based on nothing but politics is yet another example of this clown not being up for the job he holds. He is POTUS for ALL AMERICANS, not illegals.

[drobeski 3,061]

So this judicial activism stuff, this is only limited to conservative judges. Correct ?

[Recliner Pilot 61]

So this judicial activism stuff, this is only limited to conservative judges. Correct ?

Same concept as "Only whites can be racist". Helps lefties sleep at night.

[shovelheadt 71]

The oath of office for the POTUS includes swearing to uphold the Constitution. You don't get to pick and choose which laws you want to enforce, or ignore.

 

DOMA, immigration, and now just telling an entire state FU based on nothing but politics is yet another example of this clown not being up for the job he holds. He is POTUS for ALL AMERICANS, not illegals.

 

Serious question: How is Obama not upholding the constitution by ending the 287(g) agreements? I agree it's bad form, but doubt it's illegal.

[IGotWorms 4,062]

I dunno jerry, this looks like the typical jurisdictional pissing match to me. The feds are mad that Arizona is trying to invade its authority over the issue of immigration. I think we'd probably see this same response regardless of who was president. At some point, it's all about power.

 

[Recliner Pilot 61]

Serious question: How is Obama not upholding the constitution by ending the 287(g) agreements? I agree it's bad form, but doubt it's illegal.

Congress passes bills.

 

The POTUS signs them into law.

 

The POTUS enforces those laws.

 

He is refusing to enforce yet another law.

[Phurfur 70]

ICE = Immigration and Customs Enforcement

[drobeski 3,061]

ICE = Immigration and Customs Enforcement

Enhancement

[shovelheadt 71]

Congress passes bills.

 

The POTUS signs them into law.

 

The POTUS enforces those laws.

 

He is refusing to enforce yet another law.

 

Let me try this a different way. As part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, there was a provision (287g) that allows the federal government to enter into agreements with state and local law enforcement. It does not require these agreements...so I assume they have the liberty to cancel those agreements whenever they see fit. So while I agree it's bad form, I have yet to see where it's illegal.

[remote controller 143]

Giddy

[BudBro 183]

So this judicial activism stuff, this is only limited to conservative judges. Correct ?

if there weren't judicial activism and agency regulations, there would be no democrat party.

[Phurfur 70]

Let me try this a different way. As part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, there was a provision (287g) that allows the federal government to enter into agreements with state and local law enforcement. It does not require these agreements...so I assume they have the liberty to cancel those agreements whenever they see fit. So while I agree it's bad form, I have yet to see where it's illegal.

 

So the Feds will not cooperate with a state that is top three in border drug, weapons and human smuggling. Brilliant!

 

The best part is that they are arming the other side.

 

Obama Lied People Died!

[Recliner Pilot 61]

Let me try this a different way. As part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, there was a provision (287g) that allows the federal government to enter into agreements with state and local law enforcement. It does not require these agreements...so I assume they have the liberty to cancel those agreements whenever they see fit. So while I agree it's bad form, I have yet to see where it's illegal.

Let me go at this a different way:

 

Ariz. Police: Hello ICE, we have someone here how committed a number of crimes and we found out he is in the country illegally. Under current law we are required to report this to you so that you can deport him.

 

Obama Admin: Hello.........for options in Spanish press 9. If you have a complaint against Arizona Law Enforcement because you have committed several crimes and are here illegally please press 1. You will immediately be connected with an Obama attorney who will sue the socks off Arizona for calling us.