Thursday, July 29, 2010

Arizona appeals to U.S.Court of Appeals

Arizona Governor Jan Brewer has sought an expedited appeal to the U.S. Court of Appeals for the Ninth Circuit. She seeks to overturn Judge Susan Bolton's order granting a preliminary injunction of key portions of the new Arizona immigration statute -- SB 1070. The governor contends that the lower court "relied on an erroneous legal premise or abused its discretion" in issuing the preliminary injunction. The governor's motion to expedite the hearing on the preliminary injunction appeal is here: (;contentBody). It is unlikely the governor will prevail on appeal in the Ninth Circuit. The lower court's opinion is very thorough and persuasive in explaining why the U.S. is likely to prevail on the merits of their claim that SB 1070 is preempted by federal law.

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