Thursday, July 29, 2010

Arizona Immigration Decision - Andy McCarthy - The Corner on National Review Online

Arizona Immigration Decision - Andy McCarthy - The Corner on National Review Online

McCarthy's analysis seems spot on to me. On thing that I really find interesting here is that some of the law's opponents think the judge has done them a favor in striking down the law. This is almost certainly not true. Our experience from the Roe v. Wade decision is that the court's intervention preempting normal law and policy making has the effect of mobilizing the losers far better than mere legislative opposition can. And remember, when the abortion laws of the states were struck down those laws were not all that popular and were seen as on the way out anyway (indeed, the fact that abortion prohibitions were on the wane across the states was actually used by the court as a reason the laws should be struck down!). Arizona's statute was supported by large and already mobilized blocks of voters.

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