Did Justice Roberts trade votes with Justice Kennedy in the Arizona decision handed down Monday? I certainly hope so, for he would have struck a blow for constitutional conservatism. I will explain:
Many Court observers have expressed surprise at Chief Justice Roberts joining the majority opinion of Justice Anthony Kennedy, which struck down three of four provisions at issue with Arizona’s S.B. 1070 and left the fourth on life support in terms of jurisprudence, and all but dead in terms of practice.
As Justice Scalia noted in a dissent that was animated even by Scalia standards, the Supreme Court’s decision in Arizona et al. v. United States unquestionably dealt a serious blow to state sovereignty. This has many conservatives asking how a purportedly conservative justice could have sided, particularly in such an important case, not just with Justice Kennedy, but with the Court’s left wing.
Ben Shapiro at Breitbart speculates:……..
- Opinion recap: Immigration and judicial styles (scotusblog.com)
- Justice Kennedy’s Mysterious Philosophy (cato-at-liberty.org)
- That’s Just Nino: Scalia’s Arizona Dissent (newyorker.com)
- Anthony Kennedy, the Justice Everyone Is Watching (businessweek.com)
- Did Justice Roberts Trade Votes with Justice Kennedy? (americanthinker.com)
- Supreme Court partially strikes down Arizona immigration law but upholds controversial section (jurist.org)
- If You Think Monday Was Bad at the Supreme Court… (theatlantic.com)
- What’s at stake: The SCOTUS and undoing The New Deal (dailykos.com)
- Paul Abrams: Clues From Arizona Immigration Ruling on Individual Mandate Fate (huffingtonpost.com)
- NEW: Most of SB 1070 struck down (abc15.com)
- High court rejects part of Arizona immigration law (kansascity.com)