Independence days on the court
CHICAGO — Last week’s blockbuster Supreme Court decisions were seen as a loss for those who recoil at the thought of racial profiling and for those who see no difference between a penalty, a tax and a fundamental infringement on individual rights. But wherever you stand on the issues of state-based immigration enforcement or mandatory health care, I call the decisions a victory for independent thinkers.
Because of the Supreme Court’s unique role, its rulings end up reinforcing the winners and enflaming the losers, further heating the raging inferno of ill will and partisanship that has become emblematic of our national politics.
How refreshing then that the court—buckling under the weight of allegations of overly political hyperpartisanship—surprised us, giving our split and aggrieved electorate two instances where individual justices voted outside the constraints of their political philosophies.
By making tough decisions, Justice Sonia Sotomayor and Chief Justice John Roberts gave inspiration to anyone who is actually weighing issues and historical contexts instead of focusing on all there is to hate about their political enemies and only what is to love about their political heroes.
Sotomayor had scandalized her liberal Hispanic fans in April by being outwardly sympathetic to parts of Arizona’s “papers, please” immigration law and skeptical of the Obama administration’s arguments against it. At the time I wondered if Hispanic support would erode for her if she did anything other than vote to strike down all four provisions of the law or if she’d gain some respect from the right, which, during her confirmation, interpreted Sotomayor’s self-identification as a “wise Latina” as proof she was a liberal, activist judge.
As it turned out, neither happened.
Perhaps because of an overwhelming desire of the Democrat-leaning Hispanic electorate to paint the court’s decision as a win for President Obama—provisions allowing police to arrest someone based on the belief that a deportable offense was committed and criminalizing illegal immigrants for working or getting caught without their immigration papers were struck down—dissent was mostly kept in check.
Very few Hispanic voices were calling it a crushing defeat for all the Latinos who stand to be discriminated against under the provision requiring law enforcement to check immigration status if there is “reasonable suspicion,” which was upheld—and almost no one criticized Sotomayor for joining the majority.
In fact, even as one or two voices scoffing at the supposed Obama “win” were trying to gain traction on social media networks last Monday, Hispanics were eagerly tweeting “Happy Birthday” to Sotomayor, seemingly unfazed by her decision to, as some have put it, effectively codify racial profiling. And noticeably absent from the other side of the aisle was any acknowledgement that the first Latina to sit on the Supreme Court was perfectly capable of ruling on legal precedent instead of ethnic solidarity.
At least Sotomayor wasn’t bashed as a “traitor” like Chief Justice Roberts has been by the far right in the aftermath of the court allowing the Affordable Care Act to move forward mostly intact. But unlike Sotomayor’s experience, Roberts has gotten massive plaudits from his former detractors across the aisle.
The best roundup I’ve seen so far is from The Daily Beast’s Howard Kurtz, detailing the “media man-crush” on Roberts, “the new liberal heartthrob” who saved Obamacare. Kurtz lasers in on the fact that conservatives are depicted as having grown or evolved only when they lurch leftward and provides a detailed account of the gushing adjectives that have been heaped on the previously vilified Roberts.
While a dramatic maturation or change of heart makes for great TV drama, I prefer the more sober assessments that call Roberts a pragmatist who compromised to make decisions that won the war for the conservative principle of limited federal authority even if an important political battle was lost. This is called integrity—adherence to core principles in the face of overwhelming pressure to skirt them for any number of good reasons.
Sotomayor and Roberts have shattered the stereotypes that had been heaped on them by others. And we have gained two powerful role models for the virtues of thinking independently and not blindly following any ideological crowd.
Esther Cepeda is a columnist for the Washington Post Writers Group. Her email address is estherjcepeda@washpost.com.
Jul 5, 2012 at 2:33 p.m.
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From: "Why 'illegal immigrant' is a slur" [ http://www.cnn.com/2012/07/05/opinion/ga... ]
"When you label someone an "illegal alien" or "illegal immigrant" or just plain "illegal," you are effectively saying the individual, as opposed to the actions the person has taken, is unlawful. The terms imply the very existence of an unauthorized migrant in America is criminal.
In this country, there is still a presumption of innocence that requires a jury to convict someone of a crime. If you don't pay your taxes, are you an illegal? What if you get a speeding ticket? A murder conviction? No. You're still not an illegal.
Justice Anthony Kennedy, writing for the majority, joined by Chief Justice John Roberts and three other justices, stated: "As a general rule, it is not a crime for a removable alien to remain present in the United States." The court also ruled that it was not a crime to seek or engage in unauthorized employment. [ http://www.cnn.com/2012/07/05/opinion/ga... ]
Jul 3, 2012 at 5:54 p.m.
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No! You Republicans and Democrats the TEA PARTY is swelling, not shrinking as you will see in November. All people of every race, religion or political party affiliate should join a local chapter. Obviously people who scorned our immigration laws are not welcome. We can relieve this nation of politicians, governors, mayors and all others, who don’t comply with the Constitution. The Rupert Murdoch personages are isolated from the real world in their mansions, same as the celebrities who know nothing about buying a loaf of bread. They should keep out of the business of the country and go and do something for the legal jobless in this land?
This is the time when every American who believes in the ‘Rule of Law’ and steps forward to let their Senator or Congress person knows how you will vote. Tell the politician’s aide and that you want them to pass E-Verify and the Birthright Citizenship bills. Citizen voters should phone Congress at the central Washington, D.C., Switchboard at 202-224-3121. Insist YOUR CONGRESSMAN/WOMAN TO fulfill their obligation to the oath of office and stop pandering to the businesses that use discount workers or the Democrats who are overlooking illegal aliens voting. You have the power of the VOTE to demand they sponsor these to policies or we are doomed to a future, without any restrictions on President Obama to initiate another spending spree. The country has a near $16 trillion deficit that must be stopped and now.
Jul 3, 2012 at 5:54 p.m.
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THE TEA PARTY WILL NOT COMPROMISE ON ILLEGAL IMMIGRATION. THEY BROKE THE LAW, SO THEY WILL BE DEPORTED. THERE WILL BE NO MORE COVERT AMNESTIES, CHAIN MIGRATION AND STATES WITH SANCTUARY POLICIES WILL BE PROSECUTED. WITH NO COMMITMENT TO THE REPUBLICAN AGENDA’S AND CERTAINLY NOT THE DEMOCRATS, THE TEA PARTY WILL FIGHT FOR EVERYBODY RIGHTS HANDED DOWN TO THEM IN OUR CONSTITUTION.
To really make life unsympathetic for illegal alien criminals, our gutless Republicans should assume E-Verify as a mandatory apparatus without fail. Rep. Lamar Smiths bill ‘The Legal Workforce Act’ (H.R. 2885) informs a business owner whether an individual has a right to work. Currently it is a voluntary policy, but citizens can change this by rattling the cages of the Republican Party. It has become a remarkable electronic program, which detects unauthorized non citizens already hired, but then flagged and can only be resolved by stepping into Social Security offices. No illegal alien would dream of doing that, even if they are in possession of stolen ID documents? Of course the mainstream Liberal press is adamant in denouncing the E-Verify business checking Database?
Just as vital in importance is the BIRTHRIGHT CITIZENSHIP Bill (H.R.140) amendment law. This disqualifies illegal alien mothers from gaining immediate acceptance of their unborn baby smuggled through ports of entry, either across the ocean or through our limited border fence defenses. Undoubtedly a misinterpreted law that was originally consigned to slaves during the Civil War in the emancipation decree, not an identified ruling by SCOTUS, but unfortunately a huge tax burden that must be resolved. These Foothold children are costing $100 of billions of dollars in welfare, cash payments, education and health care treatment to the states and pouring through the cracks in our laws at a rate of 400.000 a year. The only obstruction is the special interests groups in the halls of Congress, which pour large donations into both parties. Pro-illegal alien forces in the Democrat and Republican Party and stopping these bills from becoming the law of the land.
Jul 3, 2012 at 5:54 p.m.
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I don’t blame the illegal aliens, but a lying decade of governments that have intentionally overlooked our laws; otherwise illegal entry would be a felony. Not just the Democrats but the Republicans as well, that’s why we need desperately to remove old incumbents entrenched in Washington and replace them with fresh TEA PARTY Senators and House Representatives. America is become a hive of corruption, that emanates from Congress. That isn’t to say that all the politicians are unwilling to fight for the rights of all Americans. But what is going on, when 8 percent of birthright citizens, naturalized and permanent residence are jobless? While throughout the country illegal migrants and immigrants are employed. This is a disgrace to us as nation that supposedly believes in the “rule of Law.” This happens when the federal government is truly the instigators of this immigration mess and should be held accountable? Not border states as Arizona, being threatened by a federal agency uncontrollable. Arizona doing the right thing for its people was a scapegoat for generations of incompetence.
The new ObamaCare law is yet another magnet, which will attract millions more illegal aliens over our threshold. My guess in some clandestine way illegal immigrants will be able to take advantage of this health care law and further drain state treasuries? Americans are already at a disadvantage, when it comes to healthcare as the majority is forced to pay through federal mandate for illegal alien emergency care? Not the farmers who employ them, not the thousands of businesses that pay under the table; again it’s the taxpayer. The open border zealots want a global government and their philosophy is just that; wide open borders. Why does being in this sovereign nation, without documentation and violating the law, give illegal aliens the privilege of stealing the lawful populace money. Why must we, the taxpayer be forced to pay for the children of illegal aliens education, a family’s health care?
I don’t know what Mitt Romney has in mind on Immigration, but the TEA PARTY says No? Americans have been taken for granted, as have the courageous Border Patrol agents who protect the fence; it’s hard to believe that there a big signs in the deserts along the border, in our own country warning us of entering. That signifies it’s dangerous to enter these regions, because of the drug cartels and armed foreign nationals. It’s a proven fact that property owners along the border regions are fearful for their lives and must carry a firearm all the time.
Jul 3, 2012 at 5:53 p.m.
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I think Democrats, Republicans and of course ultra left progressives are under the impression that the Constitutional TEA PARTY is declining? This could be any further from the truth, since hundreds each day are joining this split from the GOP and causing frantic demonstrations of nerves in both parties. People who have had no interest in voting before are materializing out of society, because they are now well aware that the Democrats essentially will ignore election laws, as they have done for years. Using any oral device they can, including ‘Voter Suppression, Political Correctness’ and revealing their true nature of being hard core, anti-American. The truth is that without any official oversight, non citizens will vote in a violation of the law and this is what Democrats want? They don’t heed who votes as long as it is for Obama, whether by fraudulent absentee ballot or voting in any precinct. More states than ever before are revising their laws, so any person who votes must have a picture ID, although even this isn’t foolproof.
With the outcome of the Supreme Courts decisive answer, America is under an even more danger of a illegal alien invasion? The fact the Obama administration have ignored many elements of the Constitution, should warn all of us of the evident avenue towards Socialism. A large majority of President Obama voters desire his massive escalation of corpulent government, offering welfare, food stamps and public giveaways. These are dregs that have probably never worked in their lives and live of the taxpayers. 40 percent of Americans have never paid anything in federal or state taxes. It is the same with over 20 million illegal aliens who stay in dark corners of our society who pay nothing. Many illegal alien families are collecting large sums of money from child tax credits, when even the child is not resident here? That is $4.2 billion dollars that should be provided to the lawful impoverished people.
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