Gov. Brewer: Supreme Court arguments over Arizona immigration law weren't about racial profiling, but about rule of law

This is a rush transcript from "On the Record," April 25, 2012. This copy may not be in its final form and may be updated.

GRETA VAN SUSTEREN, FOX NEWS HOST: First, Arizona Governor Jan Brewer signed that controversial law, and she was inside the Supreme Court for today's arguments. Governor, what's your thought? First of all, where were you seated, how far -- how close to the front?

ARIZ. GOV. JAN BREWER: I was sitting right behind the bar in the front row in the dead center!

VAN SUSTEREN: And what -- was this the first time you've been in the Supreme Court?

BREWER: No! I've been to the Supreme Court a couple times. And today was a great day, I believe, for freedom and for states' rights and for Senate bill 1070. And if there's such a thing, Greta, as a good day in court, I think today was the day!

VAN SUSTEREN: How do you know? I've been tricked so many times, thinking that the court's going to go one direction, I find out they were just being polite to me, or just asking probing questions, only later to find out that I was very disappointed.

BREWER: Well, it was very, very fascinating. I think what we found out today, what-- what everybody was really waiting to find out, and it what was 1070 all about. And it was, of course -- it was very clear, we found out, that it was not about racial profiling or bigotry or ethnic claims. And it was about the rule of law. And it was so clear! It was just -- it's what we've been saying, our message to everyone. It was great.

VAN SUSTEREN: Well, how many questions, if you remember, were focused on whether it was racial profiling? I mean, was that the -- was racial profiling -- that term come up a number of times?

BREWER: Well, you know, all -- two years ago, when I signed the bill, it all started, even before that time. And for two years, we've heard nothing other than Arizona is racist, Arizona is bigoted, and it is all about racial profiling. You walk down the street in Phoenix and you're licking an ice cream cone, you're going to get arrested if you don't have proper ID. Crazy.

VAN SUSTEREN: But today?

BREWER: Today, Chief Justice Roberts made it very, very clear that this issue was not about racial profiling. And he asked the solicitor general, and he says, You're right, it's not about racial profiling.

VAN SUSTEREN: The chief justice said that or the solicitor general said it?

BREWER: It was a communication between both of them.

VAN SUSTEREN: All right, when you walked in, you got some booing. Did you expect...



VAN SUSTEREN: You didn't notice you had some -- you noticed. Of course you noticed it. What -- I mean, how that was? Was that rugged?

BREWER: Well, it's always rugged. You don't like people out there booing you and ridiculing you. But you know, we've gotten a little used to it, and it's that great 1st Amendment, I guess, working its way properly.

So we listen, of course. There's no other way, other than to listen to it. But we have so many other supporters, the supporters that I think it much -- it just is overweighed by support.

VAN SUSTEREN: All right. So you lost in the 9th circuit, so you have you to get five votes now in order to win.

BREWER: Right.

VAN SUSTEREN: And sort of the interesting part about this court today was that one justice, Justice Elena Kagan, had disqualified herself...

BREWER: Right.

VAN SUSTEREN: ... because she was at the Justice Department when the fuss started over this in the Justice Department. So you had -- you have to win 5 votes.

BREWER: Right.

VAN SUSTEREN: Who are you worried about?

BREWER: Kennedy.


VAN SUSTEREN: Kennedy. Why? Tell me why you're worried.

BREWER: Well, you know, he's always, I believe, been on kind of both sides of the issues, et cetera, et cetera. However, today, I thought that -- I felt that some of the questions that he asked and his comments were very, very positive. I just -- I feel very, very positive, unlike any time that I've ever been in a courtroom on any kind of case, that today we were victorious.

VAN SUSTEREN: All right.

BREWER: We were victorious.

VAN SUSTEREN: If you don't win, if you don't get those 5 votes -- and there are only 8 up there to judge it -- and let's say that you -- by the end of June, you don't (INAUDIBLE) they come down with a decision and you lose, or they affirm the lower court. What are you going to do? You going to go back to the drawing board or are you going to just -- is that the end of it?

BREWER: Well, I -- no. It's probably not the end of it. I think we'll probably have to consult with our legal counsel and see what direction we should take and certainly with the people of Arizona to see what they think we should do. We listen to the input from our constituents, of course.

But I am not even at that point. I just feel today was victorious and that in the late June, we'll get that ruling.

VAN SUSTEREN: How much do you think of this is a legitimate dispute, ideology, or thoughts about how law should be written or the role of the federal government versus state, and how much is old-fashioned politics and trying to get a vote?

BREWER: I think a lot of it is old-fashioned politics, trying to get a vote. I think there's been a lot of pandering done by the opposition, trying to make it racial and looking for Latino votes and using scare tactics, if you will, and building this up to something that it never was meant to be.

So much misinformation has been presented from all levels of government, all the way up to the president, I am fearful to say.

VAN SUSTEREN: Do you like the president?

BREWER: Do I like him?

VAN SUSTEREN: Yes, I mean -- I mean, you poked -- you poked him in the chest with your finger on the tarmac.

BREWER: I didn't poke him in the chest!

VAN SUSTEREN: All right, well, it looked ... it came close.

BREWER: I wagged my finger!

VAN SUSTEREN: All right. And your son apparently says that same thing's happened to him, so he...


BREWER: ... other end of that finger.

VAN SUSTEREN: So he's ... But you're pretty stern. Do you like -- do you like the president?

BREWER: Do I like him? I like him as a person. I like him. He's my president. Do I -- do I agree with him philosophically? Absolutely not! There's very few things that I agree with him on.

And I think that the American people probably agree with me. Bottom line is, is that the president, when he ran, he promised things to his electorate that he was going to deliver, and he hasn't done any of those things -- none of them! We're going to do this, we're going to cut the budget, we're going to lower your taxes, you're going to get that Dream Act through, we're going to, you know, blah-de-blah. And none of it's been accomplished!

VAN SUSTEREN: Would you like to see some illegal immigration remedies by the feds?


VAN SUSTEREN: Yes. OK, well...


VAN SUSTEREN: I guess that answers that!

BREWER: You know, after 1070, it's a positive feedback from the Supreme Court and we get our border secured, we need to address the other issues that are facing our country.

VAN SUSTEREN: Governor, thanks. Welcome to Washington, D.C.

BREWER: Thank you.

VAN SUSTEREN: Nice to see you, as always.

BREWER: Thank you.