[Servant of the Cross]

What is it then?

My belief is that it was a tactical (hattip: FReeper apillar) decision by the Chief Justice. Kennedy was already voting with the liberals and thus the whole AZ law was heading to be overturned, the Chief Justice was able to persuade Kennedy to uphold the 'check your papers' immigration check part of the law during a legitimate stop by law enforcement. Roberts joined Kennedy on the ruling to achieve this.

Actually it's my understanding that CJ Roberts joining the majority on Arizona was more tactical than a reflection of his actual views. If he would have joined Alito, Thomas, and Scalia. The court would have split 4-4 (Kagan recused) and the 9th circuit ruling striking down ALL of the Arizona law would have stood. So in joining with the majority he got Arizona 1/4 of a loaf, which I suppose is better than nothing.

Additionally, if the Chief Justice also similarly partners with Kennedy on the 0bamacare ruling (it is reported that they are likely co-authoring the opinion) to throw it out entirely, this concession on the AZ ruling will seem brilliant.

[miss marmelstein]

Got it! Thanks for your response. Hope it all works out like you say.