Here’s another one of those cases in which ideologically litmus tested liberal justices could make a big difference in the outcome.

The Supreme Court agreed Monday to decide whether people picked up on immigration violations also can face charges of identity theft if they use Social Security and other identification numbers that belong to others.

Federal appeals courts have split over whether the defendant must know that the phony ID numbers belong to a real person and the court said it will resolve the question.

Federal prosecutors have increasingly been bringing the more serious identity theft charges against undocumented immigrants, including many who were arrested in raids on meatpacking plants.

Defense lawyers have argued that their clients should not be charged with stealing someone else’s identity because the immigrants only were seeking documentation that would allow them to work. They didn’t know if the numbers were fictitious or belonged to someone else, their lawyers say.

The Bush administration, however, has said that it doesn’t matter under federal law.

The 8th U.S. Circuit Court of Appeals, based in St. Louis, agreed with the administration and upheld the conviction of Ignacio Carlos Flores-Figueroa.

Actually, three federal appellate courts have ruled in favor of the administration’s position, while only one has ruled against it. I would imagine a couple of rushed Supreme Court picks could have a great deal of impact upon the outcome of the case if Barack Obama were to win the election in two weeks, with the pro-illegal ideology of Obama and any justices he appointed leading to a decision that illegal immigrants can get away with crimes that US citizens cannot.

Of course, an Obama victory could well lead to a decision by the new administration to change its position on the issue, and lead to the enshrinement of that principle into law as well.

To protect your identity from border jumpers, vote for McCain – at least he’s better on immigration than Obama.