WASHINGTON — As the Supreme Court heard arguments Wednesday about an Arizona immigration law, supporters of the crackdown set up an amp on the sidewalk in front of the court and belted out a tune:
“We’ve got illegals in the back yard
It’s time we claimed our borders once again
I think Arizona’s great
Protecting citizens of that state
And I believe that all across this land
With Arizona we should take a stand.”
The melody was weak and the lyrics weaker. But the protest anthem was noteworthy in one respect: In tone and substance, it was nearly identical to the argument Justice Antonin Scalia made inside the court.
While other justices at least attempted a veneer of fair and impartial questioning in the highly charged case, Scalia left no doubt from the start that he was a champion of the Arizona crackdown and that he would verbally lacerate anybody who felt otherwise.
“The state has no power to close its borders to people who have no right to be there?” he asked incredulously.
And: “What does ‘sovereignty’ mean if it does not include the ability to defend your borders?”
And: “Are you objecting to harassing the people who have no business being here? Surely you’re not concerned about harassing them.”
And: “We have to enforce our laws in a manner that will please Mexico?”
Technically, Scalia was questioning counsel, but at best the queries were rhetorical. At times he verged on outright heckling. He interrupted Solicitor General Donald Verrilli, who was arguing against the Arizona law, to say that his position “sounds like racial profiling to me.”
He wasn’t the wordiest justice — Sonia Sotomayor interjected 36 times to Scalia’s 35 during the 90-minute session — but he was by far the most caustic and the least inclined to subdue his partisan instincts.
During the immigration argument Wednesday, several justices were scrupulous about challenging both sides. Roberts noted that parts of the Arizona statute impose “significantly greater sanctions” than federal law does. Sotomayor informed Verrilli at one point that she was “terribly confused by your answer” and let him know that “it’s not selling very well.”
Scalia wasn’t the only ill-tempered justice in the chamber. Samuel Alito rolled his eyes to the ceiling and shook his head in objection when two liberal justices spoke. And Sotomayor took a shot at the conservative justices when she referred to “those of us for whom legislative history has some importance.”
But Scalia was the leading dyspeptic, interjecting his way through the argument. He interrupted Sotomayor, demanding to know whether Arizona “has to accept within its borders all people who have no right to be there.”
He interrupted Paul Clement, the lawyer representing Arizona, if only to mock the federal immigration authorities’ response as “yes, he’s an illegal immigrant, but that’s OK with us.”
He interrupted the solicitor general to inform him that “Arizona is not trying to kick out anybody that the federal government has not already said do not belong here” and again to say that the executive branch “doesn’t want this law enforced so rigorously.”
Scalia derisively likened the Obama administration’s position to saying that it would prosecute only “professional bank robbers” and would object when a state decides to prosecute an “amateur bank robber.”
Patiently, Verrilli explained that the Arizona law is forcing federal authorities to take their emphasis away from the most dangerous illegal immigrants, that it is merely shifting the problem to other states, and that mass incarceration risks upsetting foreign relations.
“Well, can’t you avoid that particular foreign-relations problem by simply deporting these people?” Scalia retorted. “Look, free them from the jails and send them back to the countries that are objecting. What’s the problem with that?”
The demonstrators on the sidewalk outside — with their tea party signs proclaiming “We Are a Nation of USA Citizens” and their lyrics demanding “What part of the word ‘illegal’ don’t they understand?” — made precisely the same point.



Comments (18)
Add commentSo this ghost writer's only solution
is to mock Scalia and the Tea Party? What a waste of print. And you wonder why journalists rank somewhere down with the zebra mussel?
Try this internet read: What would Lincoln say about today's GOP
http://www.hlntv.com/article/2012/04/25/what-abraham-lincoln-would-say-a...
Scalia
His father and his mother's parents were fortunate to immigrate, I assume legally, from Italy. His father came in the 1930s. Remember that period? The US was using quotas to forbid most Jewish people and others to escape from the Nazis and to immigrate.
He is a lucky guy to have been able to be here during WWII instead of in Italy.
I think he is one of the most brilliant members of the Supreme Court, even if I disagree with his stances on some issues.
No lake
I cant quiet remember the 30's. I almost fell off my chair on your last sentence though.
I wonder "What
JFK would say about todays DFL", dutchman!
Also, dutch and lake,
did you ever answer OFB about Ward's position on racinos?
Here's what,
John F. Kennedy would be considered a conservative by today’s standards, and successfully encouraged lowering taxes to stimulate our economy. He would shudder at the way our current administration believes we can have the government spend us into prosperity, at the expense of the nation’s taxpayers. The nation flourished under his reign.
However his successor, LBJ, did his best to reverse the trend with his Great Society. We, or at least those of us not brain-dead, can see what a shamble of red tape Medicare has evolved into.
Would JFK have supported a party that supports labor unions but stabs the workers in the back by supporting unbridled immigration, thereby diluting the domestic job market???? Would JFK have agreed with proposals to increase taxes to allow Congress to continue spending like drunken sailors? And our income tax structure permits about half of the workers to pay zero taxes, while the upper 10 percent pay more than 70 percent.
The Democratic Party likes to tout itself as encouraging everyone to pay their “fair share,” but I can recall few times in history where so many were so dependent on so few.
The government has done such a fine job running programs like Social Security (spending our contributions on areas other than our retirement benefits), Medicare and Amtrak that I hesitate giving it greater custody of my money.
Don't have to...(racinos comment)...
Racinos is not part of Super Sunday's Voting...Taken out of the Senate Taxes Vote...
Floor and Senate Voting on 4/29/2012...Before 5/1/2012...
I have to accept that Minneapolis is the stadium venue, however, I can choose to put my Tail Gating money at some wonderful taverns in East Brainerd to enjoy...
* Minnesota Vikings...Sorry Los Angeles...so sad...
* High Definition TV...Power of the internet at last...
* Cheaper parking...20 to 40 bucks to let the vehicle take a nap...no way...
* Better Chow (food and drinks)...Some of the best bar mixers and chefs live in the North Country...
Not a bad deal after all...
Skol MINNESOTA (not Los Angeles) Vikings!!!!!!!
Dutch
E brainerd do you ever run into old Herc44 at Matt & Phils? I kinda of miss his posts.
P.S. Vikes have good draft going on.
oldfarmboy: re:Scalia
Well, I have to give him his due. He is a brilliant jurist. But too bad he doesn't lean a little to the left! LOL! And I just remember the 1930s from stories from my papa. Lots of heart-breaking stories about immigrants who were turned away.
And if you look at today's Dispatch cartoon, it seems like a lot of Mexican nationals are "deporting" themselves under President Obama, either willingly or unwillingly.
Don't know Ward's racino stand as he is not my state representative.
JFK's philandering might qualify him to be a conservative! (oh, oh, here come the Dem. philandering stories from the gopers...)
Herc44...
I never met him, but he did do some great posts over the years...
No other ones lake
JFK was a Dem, last I heard. The Mexicans are leaving because they don't want to be in Obamaland.
duh, of course he was, ufub
Just agreeing that his leaning might be conservative in his actions (philandering). Where is your sense of humor?
And during President Obama's term in office, more Mexicans have been deported than under any other recent President.
Well, time to pack up and return to Eden Prairie!
Hahahah
I do have a sense of humor, I just wanted to point out that the hero of Camelot started it. Have a safe drive. really.
Lakeander, as I am s0me0ne
Lakeander, as s0me0ne wh0 w0rks in the immigration system' I can assure you m0re illegals have been able t0 stay in the country under 0bama, please d0 n0t buy int0 everything y0u hear, I wish I c0uld tell pe0ple what is really g0ing 0n with 0bama and his immigration p0licies, unf0rtunately I cant*
Star Tribune Feb 2102
"The number of illegal immigrants in the United States has dropped notably during the Obama administration -- from a high of 11.9 million in 2007 to 11.2 million in 2010.
That fact may be lost on many Americans in the din of presidential election rhetoric and the emergence of anti-immigration laws in several states where officials grew frustrated with what they perceived as the federal government's failure to enforce U.S. immigration policy
Decreasing birth rates in Mexico and a weak U.S. economy are factors in the decline of illegal immigrants. The administration's aggressive deportation policy is a bigger factor, however.
The Obama administration has deported 1.2 million illegal immigrants (400,000 a year), compared with the 1.6 million deportations (200,000 a year) during the eight-year Bush administration.
The idea that Obama is soft on illegal immigration simply isn't true.
The deportations are largely the result of two policy changes. First, instead of targeting workers in the kinds of chilling workplace raids favored by the Bush administration, Obama has cracked down on those employers that hire illegal workers -- an approach businesses dislike but one that draws bipartisan political support.
In addition, under a program known as Secure Communities, Obama has focused on deporting criminals. The program requires that the fingerprints of individuals booked at local jails be checked against Department of Homeland Security (DHS) immigration databases, a practice that has resulted in large numbers of deportations."
l
Hahahahaha, I can pr0mise y0u everything y0u just qu0ted is s0 far fr0m the actual truth it makes my head hurt thinking they sell this t0 the pe0ple,and t0 have them say 0bama cracksd0wn 0n w0rkplace enforcement,,, hahahahahahahaha n0t true! Talk ab0ut sheep! This infuriates me t0 read this crap, straight up k00l-aid! Sad part is y0u pe0ple believe y0ur msnbc and ignore the pe0ple who are actually having t0 have t0 w0rk in this field that kn0w what the actual truth is! This is why we as a c0untry are d0ne, listen t0 the pr0p0ganda,,,,,,and pe0ple actually believe it! hahahahah
well, lamigra, enlighten us
This is from the Star Tribune. I didn't see that anyone disputed this at the time. Please post sources that tell your side.