Sonia Sotomayor: “I would probably do what Justice Alito did, although I haven't decided.”

In the end, to the Court, the facts do not matter, even though the consequences are serious.

Today, this Court undoes centuries of political practice and concludes that all three branches of Government have been acting in open defiance of the Constitution all this time.

This Court has previously recognized that immigration statutes and procedures should not be construed to ‘create a perverse incentive to enter at an unlawful rather than a lawful location. Yet, the majority’s construction does exactly that.

Since 1917, Congress has required immigration officers to inspect noncitizens who arrive at ports of entry to determine whether they may enter the United States.