Arizona Gov. Jan Brewer filed an appeal this afternoon against U.S. District Court Judge Susan Bolton’s ruling yesterday that blocked portions of SB 1070 from going into effect. Brewer wants the Ninth Circuit Court of Appeals to overturn Bolton’s ruling and allow SB 1070 to go into effect while the courts wrangle over the constitutionality of the law.
Brewer filed a second motion for an expedited appeal to move up the court proceedings so that oral arguments could be heard as soon as September 13. Before then, the Ninth Circuit must determine a schedule for both sides to file the appropriate briefs and papers. That’s a month away, but still a very fast turnaround in the legal jungle that is the court system.
"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," Brewer said in a statement. The Department of Justice’s lawsuit against the state of Arizona charges that under the Constitution, the federal government alone has the power to create and enforce immigration policy.
"Illegal immigration is an ongoing crisis the State of Arizona did not create and the federal government has refused to fix," Brewer said in a statement. "SB 1070 protects all of us, every Arizona citizen and everyone here in our state lawfully."
While the Ninth Circuit handles Brewer’s appeal, U.S. District Court Judge Susan Bolton will continue to preside over the Department of Justice’s lawsuit against the State of Arizona. Bolton has been assigned to handle all seven legal challenges against SB 1070.
The modified SB 1070 went into effect July 29 at 12:01am. Reuters reported that at least 30 protesters were arrested in Phoenix today for civil disobedience while protesting the law.