Scalia’s strong words about authority to secure border would apply to Trump today

Scalia’s strong words about authority to secure border would apply to Trump today
President and SCOTUS nominee in 1986. Wikipedia: By William Fitz-Patrick -, Public Domain,

[Ed. – What say you, LU Nation? Can the deterioration of our judicial argument be reversed from where we are, or do we have to clear the decks and start from scratch again?]

In 2012, when the border crisis was a fraction of today’s magnitude, Justice Scalia believed that even a state like Arizona had the right to enforce its sovereignty and not allow in illegal aliens, despite the loose policies of the federal government. When he asked Obama’s solicitor general during oral arguments in Arizona v. U.S., “What does sovereignty mean if it does not include the ability to defend your borders?” he was referring to even Arizona’s right as an individual state to defend its own borders. “The Constitution recognizes that there is such a thing as State borders and the States can police their borders, even to the point of inspecting incoming shipments to exclude diseased material,” said Scalia during litigation between the Obama administration and the state of Arizona. …

“But there has come to pass, and is with us today, the specter that Arizona and the States that support it predicted: A Federal Government that does not want to enforce the immigration laws as written, and leaves the States’ borders unprotected against immigrants whom those laws would exclude. So the issue is a stark one. Are the sovereign States at the mercy of the Federal Executive’s refusal to enforce the Nation’s immigration laws?”

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