Watching Arizona Governor Jan Brewer declare “victory” yesterday after the Supreme Court tossed out three of the four provisions of the state’s “show me your papers” law, reminded me of the great line from Cheers when Frazier Crane said to Cliff Kleven, “What’s the color of the sky in your world, Cliff?”

The ruling rejected provisions that would have established being in the country illegally as a state crime, banned undocumented immigrants from applying for a job or soliciting work, and authorized police officers to arrest people if they have probable cause to believe the person committed any offense that would make them “removable” from the country.

As for the “show me your papers” provision the state successfully argued for, the Supreme Court ruled that the state can enforce that part of the statute, but only if doing so conforms to the Homeland Security Department’s priorities, including catching repeat violators and identifying and removing those who threaten public safety and national security. If federal agents decline to pick up illegal immigrants stopped by police, the state has no way to enforce the statute and must let them go, unless the immigrant has committed a crime.

“There is a basic uncertainty about what the law means and how it will be enforced,” Justice Kennedy’s opinion states in upholding the provision. “At this stage, without the benefit of a definitive interpretation from the state courts, it would be inappropriate to assume it will be construed in a way that creates a conflict with federal law.” Basically, Justice Kennedy and the majority are saying that since the “papers please” provision hasn’t gone into effect, it’s not possible to tell if it’s going to cause problems––as it most certainly will.

In most states, law enforcement officials already have the discretion to ask about immigration status. The Arizona law makes that inquiry mandatory if the police have reason to suspect a person is an illegal immigrant. The key words here are, “have reason to suspect.” This is what Justice Kennedy was referencing and what civil rights groups will use to challenge the remaining provision. Though it may take years to reach the highest court, this provision will eventually be ruled unconstitutional as well.

Jan Brewer can claim victory, but, like Cliff Kleven, the world she inhabits only exists in her fantasies.