State Capitol News
3:43 pm
Mon September 17, 2012

State's Attorneys Respond on SB 1070 Suit

Attorneys for Gov. Jan Brewer told a federal judge today she should reject a bid to keep a controversial section of SB 1070 from being enforced for at least for a little while longer.

Earlier this month Judge Susan Bolton rejected a request for a new injunction against the papers please provision of the law -- the one about police being required to question suspected illegal immigrants -- while civil rights groups argue that the measure is unconstitutional. Bolton said the U.S. Supreme Court, in ordering her to dissolve her earlier injunction, made it clear to her it is inappropriate to block the law before it has taken effect. In their filing last week, attorneys for the civil rights groups said they have entirely different arguments than that earlier challenge by the Obama administration and want a hold on the law while they make them. But in their response, Brewer's lawyers told Bolton that the foes were just rehashing the same arguments she previously rejected. Gubernatorial press aide Matthew Benson the new maneuver is no big surprise.

"These latest actions are unfortunate but entirely predictable," Benson said. "These groups aligned against us on 1070 are going to do whatever possible to keep this duly enacted and publicly supported law from taking effect."

Absent a new injunction, that could happen any time: In a separate legal filing, attorneys for both the state and the Obama administration agreed on language Bolton could use whenever she wants to dissolve that earlier injunction.