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Governor Jan Brewer declared yesterday that the Supreme Court’s decision on SB 1070 was a “victory,” as the high court sided against Arizona on three of the four provisions challenged.
The governor was basing her “victory” on the Supreme Court letting section 2(b) — “papers please” — stand, though the opinion sounds a little iffy on the future of that provision.
The court’s assenting opinion says the 2(b) section “could be read” to avoid concerns that it’s unconstitutional.
Since the “papers please” provision hasn’t gone into effect, the court argues it’s not possible to tell if it’s going to screw over people.
“There is a basic uncertainty about what the law means and how it will be enforced,” Justice Kennedy’s opinion states. “At this stage, without the benefit of a definitive interpretation from the state courts, it would be inappropriate to assume §2(B) will be construed in a way that creates a conflict with federal law.”
Sounds like the biggest victory since Dewey defeated Truman, huh?
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