Obama derangement syndrome and ‘Obamacare’

Posted by AzBlueMeanie:

The U.S. Supreme Court will announce its opinion regarding the Affordable Care Act ("Obamacare") on Thursday.

Should the Court strike down the Affordable Care Act en toto, it will be disregarding more than 70 years of Supreme Court precedents on Commerce Clause jurisprudence — and if rogue Justice Antonin Scalia has his way — return to the long discredited "liberty to contract" analysis of the Lochner era.

The conservative media, led by FOX News Fraudcasting and hate radio personalities like Rush Limbaugh, Sean Hannity, and Glenn Beck will declare this a "major defeat" for President Obama.The corporate "lamestream" media will follow their lead, as they always do, in the echo chamber of the right-wing noise machine.

But in reality, it will be a major defeat for millions of Americans who just lost their last chance at health care — and quite possibly their life. Jonathan Cohn notes the stakes: a ruling against the law will have far-reaching consequences for millions of Americans and those people — and their ailments — are not going away. The media villagers really ought to concentrate on them, not the transient political story.

Despite the vitriolic hatred expressed for "Obamacare" by the right-wing, that hatred is based upon Obama derangement syndrome. It turns out that if Obama's name was not attached to this landmark legislation, a majority of Republicans actually support its key provisions.

Syllabus of SCOTUS decision in Arizona, et al. v. United States

Posted by AzBlueMeanie:

The opinion of the United States Supreme Court in Arizona, et al. v. United States (.pdf), cite as 567 U. S. ____ (2012), is some 76 pages in the .pdf format. The Syllabus of the opinion, however, will tell you the substance of the Court's decision. I have added emphasis to some portions of the Syllabus.

An Arizona statute known as S. B. 1070 was enacted in 2010 to address pressing issues related to the large number of unlawful aliens in the State. The United States sought to enjoin the law as preempted. The District Court issued a preliminary injunction preventing four of its provisions from taking effect. Section 3 makes failure to comply with federal alien-registration requirements a state misdemeanor; §5(C) makes it a misdemeanor for an unauthorized alien to seek or engage in work in the State; §6 authorizes state and local officers to arrest without a warrant a person “the officer has probable cause to believe . . . has committed any public offense that makes the person removable from the United States”; and §2(B) requires officers conducting a stop, detention, or arrest to make efforts, in some circumstances, to verify the person’s immigration status with the Federal Government. The Ninth Circuit affirmed, agreeing that the United States had established a likelihood of success on its preemption claims.

Held:

1. The Federal Government’s broad, undoubted power over immigration and alien status rests, in part, on its constitutional power to“establish an uniform Rule of Naturalization,” Art. I, §8, cl. 4, and on its inherent sovereign power to control and conduct foreign relations, see Toll v. Moreno, 458 U. S. 1, 10. Federal governance is extensive and complex. Among other things, federal law specifies categories ofaliens who are ineligible to be admitted to the United States, 8 U. S. C. §1182; requires aliens to register with the Federal Government and to carry proof of status, §§1304(e), 1306(a); imposes sanctions on employers who hire unauthorized workers, §1324a; and specifies which aliens may be removed and the procedures for doing so, see §1227. Removal is a civil matter, and one of its principal features is the broad discretion exercised by immigration officials, who must decide whether to pursue removal at all. Immigration and Customs Enforcement (ICE), an agency within the Department of Homeland Security, is responsible for identifying, apprehending, and removing illegal aliens. It also operates the Law Enforcement Support Center, which provides immigration status information to federal, state, and local officials around the clock. Pp. 2–7.

2. The Supremacy Clause gives Congress the power to preempt state law. A statute may contain an express preemption provision, see, e.g., Chamber of Commerce of United States of America v. Whiting, 563 U. S. ___, ___, but state law must also give way to federal law in at least two other circumstances. First, States are precluded from regulating conduct in a field that Congress has determined must be regulated by its exclusive governance. See Gade v. National Solid Wastes Management Assn., 505 U. S. 88, 115. Intent can be inferred from a framework of regulation “so pervasive . . . that Congress left no room for the States to supplement it” or where a “federal interest is so dominant that the federal system will be assumed to preclude enforcement of state laws on the same subject.” Rice v. Santa Fe Elevator Corp., 331 U. S. 218, 230. Second, state laws are preempted when they conflict with federal law, including when they stand “as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress.” Hines v. Davidowitz, 312 U. S. 52, 67. Pp. 7–8.

Governor Jan Brewer is delusional

Posted by AzBlueMeanie:

Brewer_hateThe United States Supreme Court this morning held that most of SB 1070, the anti-immigrant law that Governor Jan Brewer rode to victory in 2010, is preempted by federal law and the surviving "papers please" provision must be construed narrowly and is subject to future constitutional challenges. An ass-whooping, right?

Governor Jan Brewer declared victory. The woman is totally delusional. Statement of Governor Jan Brewer: U.S. Supreme Court Upholds Heart of SB 1070 (.pdf):

“Today’s decision by the U.S. Supreme Court is a victory for the rule of law. It is also a victory for the 10th Amendment and all Americans who believe in the inherent right and responsibility of states to defend their citizens. After more than two years of legal challenges, the heart of SB 1070 can now be implemented in accordance with the U.S. Constitution.

“While we are grateful for this legal victory, today is an opportunity to reflect on our journey and focus upon the true task ahead: the implementation and enforcement of this law in an even-handed manner that lives up to our highest ideals as American citizens. I know the State of Arizona and its law enforcement officers are up to the task. The case for SB 1070 has always been about our support for the rule of law. That means every law, including those against both illegal immigration and racial profiling. Law enforcement will be held accountable should this statute be misused in a fashion that violates an individual’s civil rights.

SCOTUS Watch: Most of SB 1070 is preempted by federal law

Posted by AzBlueMeanie:

Presente_LicensePlateAZ_300pxDid you hear a low rumbling sound this morning around 7:16 a.m. (Arizona time)? That was the sound of the head of every anti-immigrant bigot exploding as the Court announced that most of SB 1070 is preempted by federal law, and the surviving part must be read narrowly and is subject to future constitutional challenges. This is a major victory for the Obama administration, it got almost everything it wanted from the Court.

Monday was the last day the Court was scheduled to release opinions, but it has scheduled Thursday for announcing its remaining opinions this term. The Affordable Care Act will be Thursday.

Here is a quick recap of the opinions announced today. Amy Howe from SCOTUSblog summarizes the cases, followed by a link to today's opinions. The remaining merits cases as of June 23: In Plain English:

Arizona v. United States

Argued April 25, 2012

Plain English Issue: Whether an Arizona law that, among other things, requires police officers to check the immigration status of anyone whom they arrest, allows police to stop and arrest anyone whom they believe to be an illegal immigrant, makes it a crime for someone to be in the state without valid immigration papers, and makes it a crime to apply for or hold a job in Arizona without proper papers, is invalid because it is trumped by federal immigration laws.

The Ninth Circuit is reversed in part and affirmed in part. Justice Kagan did not participate. Justice Kennedy wrote the majority opinion. 5-3 decision. The opinion in Arizona v. US is here: http://www.supremecourt.gov/opinions/11pdf/11-182b5e1.pdf

The Court rules that Section 3, 5, and 6 are preempted by federal law. Most of the key provisions of SB1070 (3 of 4) are invalidated. Only one provision is held not to be proved preempted.

It was improper for the lower courts to enjoin Section 2(B), which requires police officers to check the legal status of anyone arrested for any crime before they can be released. There are ongoing proceedings on Section 2(B) and whether it involves racial profiling. That issue was NOT before the Court today.

The provision that the Court says is not yet preempted is the "papers please" provision that commands officers to check immigration status. The Court says that it is not clear whether application of this provision will interfere with immigration law.

The upshot of the SB1070 ruling is that, for now, Arizona can apply its "papers please" provision. The Court's opinion is a guide to the State on how to apply that provision without being invalidated.

The opinion also says that today's ruling does not foreclose other preemption and constitutional challenges to the law. The Court's decision on the "papers please" provision strongly suggests it will have to be read narrowly to survive.

Justice Scalia would uphold the Arizona statute in toto. As part of Scalia's statement in dissent, he commented on the president's announcement about suspending deportation of illegal immigrants who came to the U.S. as children — something that was not part of the case. This is totally out of bounds on SCOTUS. Scalia is a rogue Justice.

I will have more on the opinion when I have had the chance to read it, and I would like to check commentary from other legal writers.