The Supreme Court has ruled on SB 1070. Three of the four provisions of the controversial immigration law out of Arizona have been struck down. The remaining provision is being sent to a lower court for review.
FOX News Radio’s Jared Halpern reports from the Supreme Court:
This is a mixed decision. The Supreme Court upholding parts of the immigration law, striking down others, sending much of the law actually back down to lower courts for further review.
That most contentious aspect of Arizona’s immigration law, asking suspected illegal immigrants to show ID during a lawful traffic stop or other stop is okay, this Court says. However, it also would be up for further review.
The decision authored by Justice Kennedy, considered a moderate swing vote on this court. More conservative Justices Alitio, Scalia, and Thomas writing concurring opinions that agree in part and dissent in part with majority opinion.
FOX News Radio’s Jessica Rosenthal has reaction on the decision from Phoenix, Arizona:
After the Supreme Court decision, more and more people started arriving at the Capital. A group of Latinos residents here early on were happy most of the law was struck down. But as for that one provision upheld requiring police to verify immigration status in certain cases:
(Opponent) “That one was the one a lot people were fearing that was going to stay. Unfortunate because they’re gonna be asking you when you’re driving: ‘Where’s your ID?’ And mostly, half these people don’t, like our group, don’t have an ID.”
Governor Brewer has called the ruling a victory and has expressed confidence that her officers will know how to enforce the law.
In Phoenix, Jessica Rosenthal, FOX News Radio.
FOX News Radio’s Jessica Rosenthal reports from Phoenix, Arizona on the history of SB 1070:
When SB 1070 was introduced in January of 2010, it was considered the toughest immigration law in the nation.
On April 23, 2010, Governor Jan Brewer signed it into law.
(Brewer) “Border related violence and crime due to illegal immigration are critically important issues for the people of our state.”
Protesters expressed fear that racial profiling had been legalized.
(Protesters) “Racist!! Ahhhhh!”
The bill was promptly challenged. President Obama’s administration argued federal immigration law preempts state law. And just hours before SB 1070 was set to take effect, a federal judge blocked key provisions.
Provisions requiring police to verify one’s legal status if after a lawful stop one was suspected of being undocumented. Another provision made it a state crime to fail to carry alien registration papers, and yet another made it a crime for an illegal alien to solicit work.
Earlier this year the Supreme Court heard the case. Many questions for the government focused on why a state can’t enforce laws that are already federal laws, especially if the feds aren’t enforcing them.
(Sotomayor) “You can see it’s not selling very well. Why don’t you try to come up with something else.”
That’s Judge Sonia Sotomayor questioning the government’s attorney, Solicitor General Donald Verrilli, who argued that SB 1070 will, among other things, result in mass incarcerations that will affect relations with foreign governments.
In Phoenix, Jessica Rosenthal, FOX News Radio.
WATCH to learn more on the ruling of SB 1070:
Arizona Governor Jan Brewer released the following statement regarding the Supreme Court’s ruling over SB 1070:
“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.
The last two years have been spent in preparation for this ruling. Upon signing SB 1070 in 2010, I issued an Executive Order directing the Arizona Peace Officer Standards and Training Board (AZ POST) to develop and provide training to ensure our officers are prepared to enforce this law efficiently, effectively and in a manner consistent with the Constitution. In recent days, in anticipation of this decision, I issued a new Executive Order asking that this training be made available once again to all of Arizona’s law enforcement officers. I am confident our officers are prepared to carry out this law responsibly and lawfully. Nothing less is acceptable.
Of course, today’s ruling does not mark the end of our journey. It can be expected that legal challenges to SB 1070 and the State of Arizona will continue. Our critics are already preparing new litigation tactics in response to their loss at the Supreme Court, and undoubtedly will allege inequities in the implementation of the law. As I said two years ago on the day I signed SB 1070 into law, ‘We cannot give them that chance. We must use this new tool wisely, and fight for our safety with the honor Arizona deserves.’”