The case against Arizona's draconian anti-immigrant law

By Michael J.W. Stickings

WaPo:

A federal appeals court ruled Monday that the most contested provisions of an Arizona immigration law passed last year will remain blocked from taking effect, handing the Obama administration a victory in its efforts to overturn the legislation.

The U.S. Court of Appeals for the 9th Circuit upheld a lower court ruling that put on hold key provisions of the Arizona law, which empowers police to question people whom they have a "reasonable suspicion" are illegal immigrants. The measure has triggered a fierce national debate, and the legal case is being watched by other states and advocates on both sides of the issue.

In a split decision, a three-judge panel found that U.S. District Judge Susan R. Bolton "did not abuse" her discretion in blocking parts of the law that, among other things, require police to check immigration status if they stop someone while enforcing other laws.

The court ruled only on Bolton's order, not on whether the Arizona measure is legal, and the Justice Department's move to have the law thrown out will proceed. But the judges gave strong indications that they accept the administration's argument that the legislation is unconstitutional and that they would rule that way in the end.

Of course, the Supreme Court, where this is headed, is another matter entirely, and there hardly seems to any doubt that Scalia et al. will side with Arizona, unless Kennedy breaks with the right and votes with the liberals against the authoritarian police state that so much of the country is becoming, particularly Arizona.