The Supreme Court is apparently really enjoying the humongous attention that they are getting in the lead up to the eventual destruction of the healthcare law. In this tradition of foreplay with the press, the court today released their decision on SB 1070. You might remember SB 1070 as the repugnant anti-immigration law out of Arizona that was designed by a white-supremacist birther out of Kansas and championed into law by an even less subtle elected racist.
The decision today was not a huge surprise. The court reaffirmed the well established principle that states have no goddamn business telling the federal government what to do on immigration policy. However there was some concern for the law’s opponents, who feared that the court’s resident drunken asshole uncle at Thanksgiving, Antonin Scalia, might sway some voters into supporting his lunatic position.
Today we have Scalia’s position in writing as part of the dissent, and it is a doozy:
Notwithstanding “[t]he myth of an era of unrestricted immigration” in the first 100 years of the Republic, the States enacted numerous laws restricting the immigration of certain classes of aliens, including convicted criminals, indigents, persons with contagious diseases, and (in Southern States) freed blacks.
Wonderful! He’s not even trying to pretend that his worldview is not stuck in the asinine ether of the 1870’s. As Ana Marie Cox put it,
Scalia cites Southern states’ ability to restrict immigration of freed blacks as a precedent for the AZ law. He is not *wrong,* I guess?
— Ana Marie Cox (@anamariecox) June 25, 2012
This sort of insanity is to be expected now. Originalism was never more than a slightly obscured defense of the worst elements of American historical moralism. Scalia has proven himself throughout his distinguished career on the bench as a uniquely disgusting individual on virtually every issue imaginable. Given his bloodlust in exerting his wrath on the defenseless, the fact that he would use the black codes (or other laws that blatantly violated the 14th Amendment at the time in which the existed) to support his opinion on this subject of immigration is sadly almost cliche for him.
Scalia is a person who was the son of Italian immigrants. However Scalia’s outlook on life is purely one of unbridled hatred for those he considers to be “less worthy” mixed in with a healthy dose of natvism and a love of elite authoritarianism. His success is also part of the American dream, even if we are disgusted by it.