If you’re scoring the Supreme Court’s Solomonic ruling on immigration, consider this counter-intuitive result: liberals who would be expected to cheer a ruling that wipes out much of Arizona’s controversial law have sounded strangely conflicted, and from the New York Times to the New Republic, have described the surviving component that allows local law enforcement to determine the legal status of individuals lawfully in their custody as everything from the “centerpiece” of the statute to “its most controversial” element.

It’s an odd approach to a legal victory. Heretofore, the most vocal concerns around SB 1070 (and copycats like the Alabama version) have focused on the blunt-force impact restrictionist statutes have on prototypical undocumented residents and their families: these laws make no bones about a pretty harsh sounding goal, expelling illegal immigrants from communities by rendering them virtually uninhabitable if you lack valid legal status. For example, Section 3 of the Arizona law, which made it a misdemeanor to lack valid immigration documents, and Section5(c), which made it a misdemeanor for an illegal immigrant to even seek work, had the straightforward purpose of pressuring illegal immigrants to move. To more liberal critics of these measures, the so-called “self deportation” strategy exudes a racial ugliness at worst, and a mean-spiritedness at the least.

But it does not require either compassion or permissive liberalism to recoil at the idea of states solving their illegal immigrant dilemma by kicking the problem next door. Arizona’s toughness, over time, would have almost certainly scattered more of its undocumented population to Colorado, California, or Nevada than Mexico. That entirely legitimate policy instinct may well have influenced the conservative swing justices, John Roberts and Anthony Kennedy, as much as the narrow legal doctrine of preemption that technically decided this case.

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Artur Davis: The Court’s Mixed Decision on Immigration

There was genuine suspense in Barack Obama’s announcement that he will through executive order legalize about a million young undocumented immigrants. The details are a bit more nuanced—a minimum five years residency, high school graduate status, and a crime free record are preconditions, and the order contemplates applications for guest worker status rather than citizenship—but it is still a sweeping unilateral move that broke the partisan gridlock on immigration. As such, the non-Fox media has pronounced it a masterstroke that will widen the already sizable gap between Obama and Mitt Romney with Hispanics.

To be sure, the politics are considerably more complicated. The white working class voters whom Obama is struggling with, and who swung decisively toward Republicans in 2010, are unlikely to be impressed. The portion of the Latino vote preoccupied with immigration policy, as opposed to jobs or social issue controversies, could already be secured for Obama and this latest move may not move the needle much more. To conservatives, Obama’s by-pass of Congress drives the narrative that a closet, hard-left agenda is lurking in a second term, which may keep them galvanized to defeat him.

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Artur Davis: Immigration and a Missed Opportunity