What's Alito's rationale for upholding 5C but not 3? Section 6 looks the most problematic to me, since I don't get why a state can't help enforce federal law as long as they respect civil liberties.
In the case of section 5C, Alito agreed with Kennedy that Federal law could preempt such a State law, but disagreed that current Federal law actually did preempt State law in this area, interpreting it as being silent on the issue.
And I agree with Alito on that, but I disagree with his opinion on Section 6.
Out of laziness, I'll just copy and paste my quick Facebook comments on the case:
I think the majority got the case right, with the exception of Section 5(C). I would agree with Justice Alito on 5(C), but disagree with his dissent on Section 6. But I'm glad to see that the court unanimously Section 2(B) to be Constitutional. Whether or not 2(B) may be applied in an unconstitutional manner is not the issue; it is whether the law itself is faulty. Bad implimentation can be dealt with on an individual basis without striking down the whole section.
