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| Supreme court healthcare and Arizona immigration decisions imminent – live | Supreme court healthcare and Arizona immigration decisions imminent – live |
| (40 minutes later) | |
| 10.34am: The Arizona decision is on balance a win for the Obama administration, in three out of the four challenges to the controversial law. | |
| For Mitt Romney – interestingly, he's in Arizona today, campaigning. And it means that once again he'll perhaps be forced to take a stand on immigration that further alienates Hispanic and Latino voters. Somewhere right now the Romney brains trust is having an Aaron Sorkinesque meeting. | |
| 10.29am: Here's the section of the supreme court ruling on Arizona's controversial "stop and check" law known as Section 2B, from the decision written by Associate Justice Kennedy: | |
| It is not clear at this stage and on this record that §2(B), in practice, will require state officers to delay the release of detainees for no reason other than to verify their immigration status. This would raise constitutional concerns. And it would disrupt the federal framework to put state officers in the position of holding aliens in custody for possible unlawful presence without federal direction and supervision. But §2(B) could be read to avoid these concerns. If the law only requires state officers to conduct a status check during the course of an authorized, lawful detention or after a detainee has been released, the provision would likely survive preemption — at least absent some showing that it has other consequences that are adverse to federal law and its objectives. | |
| Without the benefit of a definitive interpretation from the state courts, it would be inappropriate to assume §2(B) will be construed in a way that conflicts with federal law.... This opinion does not foreclose other preemption and constitutional challenges to the law as interpreted and applied after it goes into effect. | |
| So Section 2B stands for now but is still open to legal challenge in the future, depending on how it is enforced. Several other sections of SB1070 have been thrown out. | |
| 10.26am: So the headline on Arizona's SB1070 law is that the supreme court has struck down much of Arizona crackdown on illegal immigrants and reserved those powers to the federal government. | |
| On the issue of Arizona law enforcement demanding papers from suspected illegal immigrants – the most controversial part – the court appears to have allowed it to continue but that it is still open to legal challenge. | |
| More details as we get them. | |
| 10.23am: Here's the court's decision on Arizona immigration law [pdf] – basically, three key elements have been overturned but the most controversial one, involving police automatic demands for papers from suspected illegal immigrants is left open to challenge. | |
| 10.21am: Opinion is still being formed on the Arizona decision but we can assume that since justices Alito, Thomas and Scalia were the three in dissent – it was a 5-3 ruling, with Kagan recusing herself – means it was probably good news for the US government and the White House. | |
| 10.19am: Just to be clear: we have a decision on the Arizona immigration law – which appears to support the US government position, at least in part – but nothing coming today on the healthcare law. | |
| So healthcare will be Thursday, we can assume. | |
| 10.17am: And it's a decision on Arizona's controversial immigration law SB1070 – the decision of the ninth circuit court has been overturned, and a victory for the Obama administration in part. | |
| That means: no healthcare ruling today. | |
| 10.10am: Nothing on healthcare or Arizona yet. Here's AP on the Montana decision: | |
| The Supreme Court has reaffirmed its two-year-old decision relaxing limits on corporate campaign spending. The justices on Monday reversed a Montana court ruling upholding state restrictions. | |
| By a 5-4 vote, the court's conservative justices said the decision in the Citizens United case in 2010 applies to state campaign finance laws and guarantees corporate and labor union interests the right to spend freely to advocate for or against candidates for state and local offices. | |
| The majority turned away pleas from the court's liberal justices to give a full hearing to the case because massive campaign spending since the January 2010 ruling has called into question some of its underpinnings. | |
| The 5-4 split was as you'd expect: Breyer, Sotomayor, Ginsburg and Kagan dissenting. | |
| 10.05am: Another interesting decision from the supreme court, which overturns Montana's state ban on corporate campaign contributions – a case known as Citizens United part II. Overturning it – 5-4 decision – backs up the previous Citizens United decision. | |
| 10.03am: The supreme court finds that juveniles (under 18) can't be given sentences of life imprisonment without parole, thanks to the eighth amendment. That's good to know, if not the decision we're looking for. | |
| 10.01am: Here we go then. Hold on to your virtual seats. Some details are being released. The court is always very punctual. | |
| 9.55am: Five minutes to go. Purely by chance – not – President Obama will be on the campaign trail in New England today, including a visit to Boston, home of RomneyCare. | 9.55am: Five minutes to go. Purely by chance – not – President Obama will be on the campaign trail in New England today, including a visit to Boston, home of RomneyCare. |
| 9.50am: GQ's Marc Ambinder notes: | 9.50am: GQ's Marc Ambinder notes: |
| The WH has exec orders RTG if ACA is struck down. Their content and timing I don’t know. But they’ve got contingency plans a-plenty. | The WH has exec orders RTG if ACA is struck down. Their content and timing I don’t know. But they’ve got contingency plans a-plenty. |
| Both the Romney and Obama campaigns are poised for multiple outcomes. Obama will almost certainly make a public statement whatever happens. | Both the Romney and Obama campaigns are poised for multiple outcomes. Obama will almost certainly make a public statement whatever happens. |
| 9.40am: The New York Times summons up the feverish atmosphere in Washington DC as the healthcare ruling looms: | 9.40am: The New York Times summons up the feverish atmosphere in Washington DC as the healthcare ruling looms: |
| The impending heath care ruling by the Supreme Court has become this city's OJ Simpson verdict crossed with a papal conclave – polarizing, maddeningly unpredictable and shrouded in mysterious signaling. The ruling is expected to come this week, either shortly after 10am on Monday, the last scheduled day of the term, or on an extra day later in the week. | The impending heath care ruling by the Supreme Court has become this city's OJ Simpson verdict crossed with a papal conclave – polarizing, maddeningly unpredictable and shrouded in mysterious signaling. The ruling is expected to come this week, either shortly after 10am on Monday, the last scheduled day of the term, or on an extra day later in the week. |
| And here's an early contender for the quote of the day: | And here's an early contender for the quote of the day: |
| Scotusblog – the TMZ of the legal world, which the court has not officially recognized – will not be caught unprepared. The site has rewritten its software and moved its popular live blog to a new dedicated server to accommodate the expected traffic, which is already rising fast. | Scotusblog – the TMZ of the legal world, which the court has not officially recognized – will not be caught unprepared. The site has rewritten its software and moved its popular live blog to a new dedicated server to accommodate the expected traffic, which is already rising fast. |
| If you're following this then you should be following Scotusblog here. | If you're following this then you should be following Scotusblog here. |
| 9.35am: Here's a summary of the latest news from Ryan Devereaux: | 9.35am: Here's a summary of the latest news from Ryan Devereaux: |
| • Anticipation is rising for the Supreme Court's ruling on President Obama's signature health care legislation. The decision is expected to come down this week, either shortly 10am this morning or later this week, probably Thursday. The significance of the ruling – presently known to the nine justices and three dozen others – cannot be understated. As the Associated Press writes: "This is information that could move markets, turn economies and greatly affect this fall's national elections, including the presidential contest between Obama and Republican challenger Mitt Romney." | • Anticipation is rising for the Supreme Court's ruling on President Obama's signature health care legislation. The decision is expected to come down this week, either shortly 10am this morning or later this week, probably Thursday. The significance of the ruling – presently known to the nine justices and three dozen others – cannot be understated. As the Associated Press writes: "This is information that could move markets, turn economies and greatly affect this fall's national elections, including the presidential contest between Obama and Republican challenger Mitt Romney." |
| • A new book from Washington Post correspondent Rajiv Chandrasekaran reveals that in 2009, as Obama prepared to send as many as 40,000 troops to Afghanistan, vice president Joe Biden warned him that the military rationale for the plan was flawed. While Biden's misgivings have been widely documented since that time, the book – entitled Little America: The War Within the War for Afghanistan – describes how Biden used a months-long White House review of the war to question the basic premise that the same "counterinsurgency" strategy or COIN that the US embraced in Iraq. The book also details how Obama intentionally sidelined the CIA, declining read a grim CIA assessment of Afghanistan that found little benefit from the 30,000 "surge" forces the president ultimately approved. | • A new book from Washington Post correspondent Rajiv Chandrasekaran reveals that in 2009, as Obama prepared to send as many as 40,000 troops to Afghanistan, vice president Joe Biden warned him that the military rationale for the plan was flawed. While Biden's misgivings have been widely documented since that time, the book – entitled Little America: The War Within the War for Afghanistan – describes how Biden used a months-long White House review of the war to question the basic premise that the same "counterinsurgency" strategy or COIN that the US embraced in Iraq. The book also details how Obama intentionally sidelined the CIA, declining read a grim CIA assessment of Afghanistan that found little benefit from the 30,000 "surge" forces the president ultimately approved. |
| • Former president Jimmy Carter has also called Obama's war-making wisdom into question. In a Sunday op-ed for the New York Times, Carter argued that, as a result of Obama's extensive use of drone strikes and targeted killings, the "United States is abandoning its role as the global champion of human rights." Carter accuses the administration of perpetuating a regrettable slide away from respect for human rights that began in the wake of September 11 and now sees the United States assassinating its own citizens–without charge or trial–in countries where the US isn't even at war. Carter writes, "our country can no longer speak with moral authority on these critical issues." | • Former president Jimmy Carter has also called Obama's war-making wisdom into question. In a Sunday op-ed for the New York Times, Carter argued that, as a result of Obama's extensive use of drone strikes and targeted killings, the "United States is abandoning its role as the global champion of human rights." Carter accuses the administration of perpetuating a regrettable slide away from respect for human rights that began in the wake of September 11 and now sees the United States assassinating its own citizens–without charge or trial–in countries where the US isn't even at war. Carter writes, "our country can no longer speak with moral authority on these critical issues." |
| • Republican congressman Darrell Issa says there is no evidence to suggest White House involvement in a cover-up concerning the ongoing Fast and Furious, DEA gun-running scandal. Last week house speaker John Boehner suggested such a possibility as drama surrounding the scandal intensified and Republicans–with Issa leading the charge–looked to hold attorney general Eric Holder in contempt. On Sunday, however, Issa appeared on Fox News. A clip of Boehner's statement was played and Issa was asked if he had evidence that White House officials had knowingly misled Congress about the case. Issa said no. | • Republican congressman Darrell Issa says there is no evidence to suggest White House involvement in a cover-up concerning the ongoing Fast and Furious, DEA gun-running scandal. Last week house speaker John Boehner suggested such a possibility as drama surrounding the scandal intensified and Republicans–with Issa leading the charge–looked to hold attorney general Eric Holder in contempt. On Sunday, however, Issa appeared on Fox News. A clip of Boehner's statement was played and Issa was asked if he had evidence that White House officials had knowingly misled Congress about the case. Issa said no. |
| • Florida senator Marco Rubio called President Obama's immigration plan – which would spare a portion of young, undocumented immigrants deportation – a "short-term fix to a long-term problem." Appearing on Meet the Press this weekend, the Republican argued the president's plan would fuel illegal immigration. Rubio had been in the process of crafting his own immigration solution, and many Republicans believe Romney could select the Florida senator as his vice presidential running mate. | • Florida senator Marco Rubio called President Obama's immigration plan – which would spare a portion of young, undocumented immigrants deportation – a "short-term fix to a long-term problem." Appearing on Meet the Press this weekend, the Republican argued the president's plan would fuel illegal immigration. Rubio had been in the process of crafting his own immigration solution, and many Republicans believe Romney could select the Florida senator as his vice presidential running mate. |
| 9.30am: : Good morning. All eyes are on the US supreme court as it prepares to announces the fate of the Affordable Care Act – the package of healthcare reforms passed by the Obama administration – and the tough anti-immigration measures enacted in Arizona. | 9.30am: : Good morning. All eyes are on the US supreme court as it prepares to announces the fate of the Affordable Care Act – the package of healthcare reforms passed by the Obama administration – and the tough anti-immigration measures enacted in Arizona. |
| Decisions on both are expected this week and could come as early as today. The court will announce its decision in 30 minutes time, after 10am. | Decisions on both are expected this week and could come as early as today. The court will announce its decision in 30 minutes time, after 10am. |
| On healthcare, the decision revolves around the constitutionality of the legislation's mandate requiring every US citizen to purchase health insurance, the subject of a three-day hearing held in March. | On healthcare, the decision revolves around the constitutionality of the legislation's mandate requiring every US citizen to purchase health insurance, the subject of a three-day hearing held in March. |
| The Obama administration's healthcare reforms remain a political powder keg, with a recent opinion poll by Rasmussen finding that 52% of US voters want the laws overturned. | The Obama administration's healthcare reforms remain a political powder keg, with a recent opinion poll by Rasmussen finding that 52% of US voters want the laws overturned. |
| Background briefing: | Background briefing: |
| • Read audio excerpts and the court transcript from important points throughout the hearings here. | • Read audio excerpts and the court transcript from important points throughout the hearings here. |
| • The ACA Litigation Blog has links to all the documents, legislation, lower court opinions and amicus briefs from the supreme court hearing. | • The ACA Litigation Blog has links to all the documents, legislation, lower court opinions and amicus briefs from the supreme court hearing. |
| • The New York Times has an interactive graphic to explain the ruling and its consequences. | • The New York Times has an interactive graphic to explain the ruling and its consequences. |
| • A step-by-step graphic from BuzzFeed Politics on the possible options on what happens next. | • A step-by-step graphic from BuzzFeed Politics on the possible options on what happens next. |
| • The Guardian's complete coverage of US healthcare news is here. | • The Guardian's complete coverage of US healthcare news is here. |