Jan Brewer

Jan Brewer Declares "Victory" as Supreme Court Tosses Unconstitutional SB 1070 Provisions

Governor Jan Brewer is declaring the Supreme Court's decision on SB 1070 a "victory," as the high court sided against Arizona on three of the four provisions challenged.

The Feathered Bastard is providing the updates on the 1070 decision, as the Supreme Court let section 2(b) -- "papers please" -- stand, though the opinion sounds a little iffy on the future of that provision.

"Today's decision by the U.S. Supreme Court is a victory for the rule of law," Brewer's statement says. "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."

Brewer does not mention in her "victory" statement that the court decided sections 3, 5(c), and 6 are preempted by federal law.

Section 3 essentially established being in the country illegally as a state crime.

Section 5(c) banned undocumented immigrants from applying for a job or soliciting work.

See photos from Monday's rally at the State Capitol following the Supreme Court's ruling on SB 1070.

Section 6 authorized cops to arrest people if they have probable cause to believe the person committed any offense that would make them "removable" from the country.

As for the one provision the state actually successfully argued for, the Supreme Court doesn't exactly give a glowing review.

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."

The ACLU's already trying to take care of the latter.

If you're getting your news from Brewer, though, Arizona just ran up the score on the feds.

"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." she says. "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.'"

Hm. Why would Brewer think groups "undoubtedly will allege inequities in the implementation of the law"?

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Matthew Hendley
Contact: Matthew Hendley