Attorneys for Gov. Jan Brewer told a federal judge Monday she should reject a bid by civil rights groups to keep a controversial section of SB 1070 on hold for at least a little while longer.
John Bouma and Joseph Sciarrotta Jr. reminded U.S. District Judge Susan Bolton that she specifically rejected the plea for a new injunction less than two weeks ago. Yet the same foes of the law are now asking her to preclude enforcement to give them a chance to make the very same arguments to the 9th U.S. Circuit Court of Appeals.
"Plaintiffs have not raised any new arguments,'' the governor's lawyers wrote to the judge. And they told Bolton the challengers have given her no reason to believe that her original decision was wrong.
The fight is over a provision of the law that requires police to question people they have stopped if there is reason to believe they are in this country illegally. Bolton had previously enjoined enforcement in a separate lawsuit brought by the Obama administration.
In her rejection of the new bid earlier this month, Bolton pointed out that the U.S. Supreme Court,
in ordering her in June to dissolve her earlier injunction, made it clear to her it is inappropriate to block the law before it has taken effect. And she rejected arguments by civil rights groups that their arguments against the law are entirely different than those raised by the Obama administration.
Time is running out for the civil rights groups to block the law:
In a separate legal filing Monday, attorneys for both the state and the Obama administration agreed on language Bolton could use whenever she wants to dissolve that earlier injunction.
That same proposed order would make permanent her earlier injunction against Arizona enforcing three other sections of SB 1070:
- Making it a state crime for an undocumented worker to apply for work in a public place or perform work as an employee or independent contractor in Arizona;
- Allowing police to arrest someone not in this country legally to fail to carry federally issued registration cards;
- Permitting police to make an arrest without a warrant if there is "probable cause'' they committed an offense that makes them removable from the country.
Bolton has not indicated when she will act.