A lot of the flak being directed at the Supreme Court today for its decision in Nielsen v. Preap is more properly directed at Congress. The Court correctly interpreted the law. See yesterday’s post. Statutes dealing strongly with aliens who commit “aggravated felonies” are, in my opinion, good policy as a general matter. However, as I have noted for years on this blog (see, e.g., this post), Congress has botched some aspects, including the definition of “aggravated felony.”
Congress really should be able to pass a broad bill that fixes this problem, the childhood arrivals problem, border security, and employer verification. The divisions of opinion on these issues are not insurmountable. Compromise is possible if people are reasonable. Will it happen in the current Congress? Very doubtful. Too many people in influential positions are more interested in having an issue for the next election than they are in solving problems.
My suggestion for Senator McConnell is to go ahead and put together a broad bill that most Americans would agree with and bring it to the floor. If it is filibustered in the Senate or killed in the House, the cynicism will be laid bare for all to see.