From guest blogger, Santiago J. Valenzuela
In an unexpected move, Justice Elena Kagan announced (once again) that she wouldn't vote up or down on Arizona's immigration law:
But those challenging the law were at a disadvantage Wednesday because new Justice Elena Kagan, who came from the Obama administration, announced she would not participate in the decision. That set the stage for a possible 4-4 split, which would uphold Arizona's law but set no legal precedent.
While a 4-4 split beats losing, it would be much better to overturn the law, which adds onerous new regulations requiring law enforcement to check immigration papers, a law that is either completely unenforceable or requiring blatant racism in its enforcement.
We will see how this turns out.
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