I would be inclined to join in with Thomas and Alito but I don’t know the dynamics of their deliberation and whether or not that was to be the losing play. My point is that this decision is not an outright rejection of the proof concept nor the calamity that most of the posters think it is.
“...whether or not that was to be the losing play”
Please explain.
Whether it is “the losing play” or “the winning play” is irrelevant, rather is it correct.
The majority has set forth as a potential remedy “a non existent pathway to administrative relief”. While this remedy is pursued persons may be illegally registered and consequently vote.
A vote cast by an illegally registered person (ie, a foreigner) can not be undone.
Further, as Thomas showed and the majority ignored, “[To] require Arizona to seek approval for its registration requirements from the Federal Government, [] the Federal Government does not have the constitutional authority to withhold such approval. Accordingly, it does not have the authority to command States to seek it.”
This ruling (1) improperly makes demands of Arizona and (2) wastes time while Arizona seeks “a non existent pathway to administrative relief” to fulfill those improper demands. Meanwhile persons may be illegally registered and consequently vote.
The damage is real, the danger clear and present. The court has sent Arizona on a fool’s errand. A country can not long survive if foreigners are given control of its government, in fact in such a case it is already dead. This ruling gives foreigners undue control of our government, it strikes at the very heart of our republic.