Thursday, July 29, 2010

Win or loose?

We saw today how a Federal Judge put some restraints on the Arizona Immigration Law, but it did not declare it unconstitutional. It is just a small delay for those who believe that this will end up in the Supreme Court. It will be interesting to see the five conservative judges deciding if they will rule based on their right wing beliefs or if they will enforce the constitution which says that the Federal Government is the one who sets the immigration policy of the country. This will create an interesting precedent if they rule in favor of Arizona as other states will try to follow with similar legislation in their own states, and it will upset many conservatives who feel that the Supreme Court is in their pockets if they do the opposite. It will also give plenty of ammunition to liberals if the court does not abide by the constitution as it specifically states that federal law supersedes any state law, thus making this Supreme Court a court that would, in the words of conservatives, legislate from the bench. They already have done this in the case of the first amendment, giving rights to corporations and labor unions the same rights as citizens to fund campaigns.
The next few months will let us see lots of back and forth until the Supreme Court takes the case. The only thing to look out is regardless of the decision of the Highest Court in the nation the Obama Administration and democrats may end up losing because a majority of Americans agree with the legislation, and may feel it from independents as early as November 2010.

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