For Supreme Court Justice Antonin Scalia, it’s been a rough few days.
Not only did Chief Justice John G. Roberts Jr., who had seemed to be Scalia’s conservative-brother-in-arms, cast the decisive vote upholding President Obama’s health-care overhaul, but earlier in the week, in his dissent on the Arizona immigration law, Scalia trod all over the idea that the Supreme Court is above politics.
In a little-noticed (at first) rejection of the high court’s majority opinion that much of the Arizona statute was preempted by federal law, the ever-quotable and occasionally controversial Scalia said that the ruling “boggles the mind” — particularly in light of Obama’s recent decision to stop deporting some illegal immigrants under 30 if they were brought here by their parents as children.
“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 wrote. “Perhaps it is, though Arizona may not think so.”