Speaking in dissent of most of the court’s rulings on Arizona’s immigration law, Scalia took a clear swipe in his remarks at the Obama administration’s new policy ending deportations of many young adults brought into the country illegally — which was not part of the Arizona case.
“The president has said that the new program is ‘the right thing to do’ in light of Congress’s failure to pass the administration’s proposed revision of the immigration laws,” Scalia said. “Perhaps it is, though Arizona might not think so.”
Scalia asked whether states would have entered into the union had the Constitution included a clause enacting immigration laws but stipulating that the president had a choice on whether to enforce them. Delegates would have “rushed to the exits” at Independence Hall.
By passing a state immigration law, he added, Arizona had “moved to protect its sovereignty — not in contradiction of federal law, but in complete compliance with it.”
But, “if securing its territory in this fashion is not within the power of Arizona, we should cease referring to it as a sovereign state.”
This man is amazing. Hopefully, he'll be on the bench for years to come.