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The paradox of Scalia's dissent on the supreme court's SB1070 ruling

The Arizona immigration case follows the outlines of the case over the Affordable Care Act: both pit the administration against conservative state governments; both create crucibles for the forging of a new definition of "activist judges"; and in debates over both policies, conservatives have used economic fears to stack the deck in what is really an argument about civil rights. Justice Antonin Scalia reliably withering dissent from Monday's ruling on the SB1070 law begins its conclusion with just such a feint: