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Brewer files SB 1070 appeal

Gov. Jan Brewer filed an expedited appeal Thursday, seeking to reverse a federal judge's injunction against Arizona's SB 1070 immigration law.

Brewer is asking the Ninth Circuit Court of Appeals to lift the preliminary injunction ordered Wednesday by Judge Susan Bolton.

A motion to speed up the process says that Brewer's lawyers will argue the appeal by saying Bolton "relied on an
erroneous legal premise or abused (her) discretion." None of the legal filings lay out any arguments that the state may make to have the injunction lifted.

Even an "expedited" appeal won't be quick.

The appeal asks that the appeals court hear arguments on lifting the injunction the week of Sept. 13. Brewer wants SB 1070 to take effect while lawsuits against it are still pending.

An exchange of legal briefs will take more than a month, and a decision by the appeals court can't come until after both parties argue their cases.

In the meantime, the parts of SB 1070 that are covered by the injunction will remain on hold.

The motion asking that the appeal be expedited says that the court should address the case quickly because it involves laws that the "Arizona Legislature determined were critical to address serious criminal, environmental, and economic
problems Arizona has been suffering as a consequence of illegal immigration and the lack of effective enforcement activity by the federal government."

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"America is not going to sit back and allow the ongoing federal failures to continue. We are a nation of laws and we believe they need to be enforced. If the federal government wants to be in charge of illegal immigration and they want no help from states, it then needs to do its job. Arizona would not be faced with this problem if the federal government honored its responsibilities," Brewer said in a press release.

Bolton's injunction put enforcement of several of SB 1070's key provisions on hold pending a trial on the merits of the lawsuits against the anti-illegal immigration measure.

Check back for updates.

TucsonSentinel.com's original reporting and curation of border and immigration news is generously supported in part by a grant from the Ethics and Excellence in Journalism Foundation.

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1 comment on this story

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Jul 31, 2010, 5:39 am
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Review of Judge Bolton’s Decision: The Immigration Debate: The Arizona Law – Judge Bolton’s Decision (Part 1)

A comprehensive review and analysis of Judge Bolton’s erroneous decision.

Read why the Judge was wrong – compare “Congressional intent” with the Judge’s reasoning.

With these PDF documents:
Bolton’s Decision
DOJ Memo 04/02/2010

Links to:
DOJ Complaint
Arizona Law
The actual Immigration Statutes that should have “controlled” the Judge’s decision.
Official Web Sites of: DOJ/DHS/LESC/NSEERS/FBI

What does Congress “mandate” be done and by whom.

http://mcauleysworld.wordpress.com/2010/07/30/the-immigration-debate-the-arizona-law-judge-boltons-decision-part-1/

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