The Argument on the Arizona Immigration Statute

This morning the Supreme Court heard argument about the challenge to the constitutionality of the Arizona statute regarding illegal immigration. One thing is certain: the justices were not very impressed with the government's argument that even inquiring about immigration status is improper. From the questions asked, it sounds like that section of the law will be upheld. The fate of the rest of the statute seems more iffy. There did not seem to be any strong support for the challenge to the statute, but five of the justices seemed to be in the middle. Depending on how they break, the law will either stand or fall.

What was important about today's argument, however, is not the ultimate outcome regarding the Arizona statute. No, what was critical was to hear the justices of the Supreme Court go about their jobs considering the statute on the merits of its constitutionality. No consideration seemed to be given to the political effects of the decision. None of the many distortions about the statute were argued by the government. All that was before the court was the actual facts or as close as either side could come to stating them. It will be a decision on the merits of the arguments, not on whether or not it helps or hurts the Obama re-election campaign. Thank God America still has institutions that are not yet politicized.