Gov. Brewer asking Supreme Court to hear SB 1070Posted: Updated:
PHOENIX (AP) - Arizona Gov. Jan Brewer wants the U.S. Supreme Court to overturn a ruling that put the most controversial parts of the state's immigration enforcement law on hold.
The appeal comes after Brewer lost an initial appeal April 11 when a three-judge panel of the 9th U.S. Circuit Court of Appeals refused to reverse a lower court's order that prevented key parts of the Senate Bill 1070 from being enforced.
The U.S. Justice Department filed a lawsuit in a bid to invalidate the law arguing, in part, that states do not have the right to craft their own individual immigration laws.
Brewer's lawyers have argued the federal government hasn't effectively enforced immigration laws and that the state's intent in passing the law was to assist federal authorities.
Four of the Supreme Court justices will first have to agree to accept the case, according to Constitutional Law Expert Clint Bolick, of the Goldwater Institute. Bolick says the court could hear the case this fall and have a decision in about a year.
"The eyes of the world are on this case," said Bolick, "It's by no means a 'gimme' for either side. It'll be a hard-fought case."