Supreme Court votes 5 - 3 to continue the confusion over Arizona's SB 1070 immigration law.


Section 2B of the Arizona law, requiring officers believing a person is in this country illegally, to pursue with the a determination as to the actual status of the subject.  Much of the Arizona law was found to exceed Federal law except for the above.  The Supreme Court's ruling sends this law back to the 9th Circuit, but the heart of the Arizona  bill, according to legal counselors,  is found to be unConstitutional .  Next step?  The first person to be stopped for a violation of some sort, and has her citizenship status checked  - that circumstance will immediately re-enter the court's purvey.  The High Court seems to be waiting for a real time question.  Of course,  that situation will be considered,  at its earliest,  sometime next fall.  Essentially,  this morning's decision leaves the Arizona law in a state of legal confusion, while requiring officers to ask for "papers" if they suspect a legally detained person is in this country illegally  -  emphasis on  "requiring"  In other words,  Arizona law enforcement can assist in the enforcement of Federal law on this matter.  The Supreme Court is saying,  "We want to see how this law is implemented." Understand that Section 2B of  the law known as SB1070,  is the most controversial portion of the law, and, again,  it remains.    

Justice Kennedy voted in favor of all of the above.  Some think this might tell us ObamaCare will be approved by the High Court, Justice Kennedy being the swing vote to approve.  Justice Kennedy sits between Roberts and Ginsberg, in the picture, above.  

In the end,  the solution to the immigration problem is in the hands of our politicians.  65% of folks favored the Arizona law.

Update #2:  The  5 - 3 included the following alignment:  

Five justices were in the majority choosing to strike down the three provisions. Two dissenting justices—Antonin Scalia and Clarence Thomas—argued that the whole law should have been upheld, while a third dissenter, Justice Samuel Alito, would have upheld three provisions and struck down one.

Justice Anthony Kennedy wrote the majority opinion, joined by Chief Justice John Roberts, and Justices Ruth Bader Ginsburg, Stephen Breyer and Sonia Sotomayor. Justice Elena Kagan was recused in the case.