When it comes to the defense of liberty, the American justice system finally deserves some respect. At the request of the White House, a judge has blocked the most authoritarian and racist parts of the law that the state of Arizona approved months ago against the immigrants labeled “illegals.” The judge chose to defend constitutional principles and individual rights over public opinion, which prefers the supposed guarantee of security for citizens over the principles of a democracy, by more than a 60 percent margin.
Barack Obama appealed against the law by hiding behind a procedural defect, namely the transgression of federal policy— as it relates to immigration — on behalf of the state of Arizona. But don’t be mistaken by this formality: following strict liberal tradition, the Democratic administration has sided with the rights of the individual. The decision will likely lead to political fallout in the next Congressional elections, but it allows Obama, who made immigration reform one of the trump cards of his presidential campaign, to maintain his dignity without putting himself in doubt.
The judge Susan Bolton, in line with decisions that have historically consolidated American democracy, prohibits police in Arizona from detaining whomever exhibits the appearance (How can they judge this?) of an illegal immigrant. She also blocked the provision in which failing to carry official identification would constitute a crime. Thus, the government’s grounds for challenging the law remained valid, with some exceptions including punishing citizens who pick up and transport undocumented immigrants, who number close to half a million in the Grand Canyon State.
The governor of Arizona announced that she will appeal the decision. However, it’s not likely that the highest court in the U.S. will guarantee her arguments if the matter reaches the Supreme Court, as it appears it will; after all, it is conscious of the immigrant origin that forms part of the hard nucleus of the panoply of patriotic values in the U.S. This unusual intervention by Washington in state legislation moves Obama towards center-left, at least in popular perception, as has occurred with health and financial reform. It’s something to keep in mind come November.
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