Arizona Gov. Jan Brewer is facing a Wednesday deadline to ask the U.S. Supreme Court to consider her appeal of a lower court’s ruling that put parts of the state’s aggressive anti-illegal immigration law on hold.
Brewer, a Republican, vowed this spring to take the case to the high court following a ruling by the 9th Circuit Court of Appeals rejecting her motion to throw out a district court’s ruling that blocked implementation of parts of the law.
Among other provisions, portions of the law put on hold – which were originally set to take effect in July 2010 – would permit police to ask people they suspected of being illegal immigrants for their documentation if encountered while enforcing other laws, and would require immigrants carry documentation with them.
Brewer said in May that she was “frustrated” by the court’s ruling and planned to appeal it.
“The bottom line is, is that every knows that the 9th Circuit has a reputation of being very, very liberal,” she said. “After deliberating and thinking about it, I said, ‘Let’s just go to the Supreme Court.’”
The 9th Circuit said in its April ruling against the state that the Obama administration would likely be able to prove that the law is unconstitutional and that Congress has given the federal government sole authority over immigration laws. The Justice Department has also argued that the law would disrupt U.S.-Mexican relations, would hurt cooperation between the state and federal governments, and would burden legal immigrants.
Lawyers representing Brewer’s position have argued that the federal government hasn’t done enough to enforce immigration laws, leading the state to pass its own laws to bolster the federal laws.
District Judge Susan Bolton blocked the implementation of certain provisions of the law less than a day before it was set to go into effect, while leaving in place some provisions, including a ban on obstructing traffic while soliciting or offering day labor services.
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