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Next move in the Arizona illegal immigration law fight: An immediate Supreme Court petition?

authorities frisk illegal immigrants , file

Arizona's Gov. Jan Brewer and Attorney General Tom Horne expressed disappointment late Monday in a Ninth Circuit Court of Appeals ruling that continued an injunction against four key elements of their state's controversial illegal immigration law, S.B. 1070.

In a joint statement the officials said they were considering their legal options and expressed strong criticism of the Ninth Circuit's decision giving special weight to the opposition of other governments such as Mexico.

“I note," said Horne, "that the 9th Circuit relied heavily on the opposition of foreign governments in upholding the injunction on two of the four elements. As the dissent by Judge Carlos T. Bea eloquently stated, foreign governments should not be given a ‘heckler’s veto’ to establish preemption by the federal government over the state.”

Brewer, who signed the measure nearly a year ago, called that aspect "outrageous, adding:....

...."Today’s decision is internationalism run amok that ranks right up there with the U.S. State Department’s decision to refer S.B. 1070 to the United Nations Human Rights Council."Arizona governor jan Brewer

The overwhelming passage by Arizona's legislature, which it tied to inadequate Mexican border security by federal authorities, has prompted more than two dozen other states to consider similar legislation which, among other things, requires local police to check the immigration status of those encountered in investigations and traffic stops.

Brewer and others blamed years of poor federal border security for local crime and increased drug violence.

“For decades," Brewer said today, "the federal government has neglected its constitutional duty to American citizens by failing to secure the border.

"States like Arizona have borne the brunt of that failure. We see the impacts in our border areas, where Arizona ranchers live day and night with human-traffickers crossing their lands. We see it in our neighborhoods and communities, where drop houses and drug-runners have become a staple of the evening news."

Added Brewer: “I remain steadfast in my belief that Arizona and other states have a sovereign right and obligation to protect their citizens and enforce immigration law in accordance with federal statute. Monday’s decision by the Ninth Circuit Court of Appeals to uphold Judge Bolton’s suspension of key provisions of SB 1070 does harm to the safety and well-being of Arizonans who suffer the negative effects of illegal immigration.”

Noting that the Ninth Circuit is the nation's most frequently overturned appeals court, Brewer said she and Horne will consult with the legislature's attorneys to decide on the next move, which could involve an immediate petititon to the U.S. Supreme Court to lift the injunction.

-- Andrew Malcolm

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Photo: Associated Press (Authorities frisk suspected illegal immigrants); Fox News Channel (Brewer).

Comments () | Archives (21)

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The people don't answer to the government in a democracy its the other way around and they have overwhelmingly stated what needs to be done.

So, the federal Ninth Circuit Appeals Court ruled in favor of liberalism's BO. Surprised? I'm not. A dimlibber filled court ruling against the rule of law so as to bolster the fraudulent Obamanation Upon The Nation, Inc. was to be expected. The same appellate court that has been legislating from the bench for decades.

Arizona, keep the faith and fight the good fight. Illegal immigrants are already felons by the fact that they have thumbed their noses at the Republic's sovereignty with respect to its borders and immigration laws.

Until the matter is completely settled by the Supreme Court or by additional legislation from the Arizona state legislature simply find probable cause for checking on the "legal" or illegal status as it is on those who are detained on other violations of law. If the dimlibbers and the liberal BO stench refuse to enforce our laws then we'll simply have to find creative ways of doing so ourselves at the state level.

And why shouldn't we? Because the Demonrats need the illegals so as to fraudulently stuff voting ballot boxes to keep Demonrats in power? Because the Demonrats believe they already have the black portion of the nation's citizenry enslaved to their handouts and they now need another ethnic group to move to the plantation and stand in line for freebies and benefits and government doles? Yes, yes and yes. That is why true and loyal citizens of the Constitutional Republic must say NO to the BO's and the stinking dimlibbers' attempt to run roughshod over our Constitution and the rule of law.


The 9th circuit court is in the Sanctuary city of San Francisco which is an appeals court hated by patriotic Americans. It is overrun by activist judges (Liberal Progressives) has blocked major sections of the strict Arizona illegal immigration law. Perhaps now the financially hurting State of Arizona can fast track their grievances to the highest court of the land. Illegal Immigration is not a victim less crime, as it stealing jobs from low wage Americans and routing huge profits to criminal businesses. We need to stop the millions of illegal migrant and immigrant leeches draining our dollars. Even our school system is overcrowded with foreign nationals, demanding for even more bilingual teachers. Throw out all the pro-illegal immigrant politicians, Governors, Mayors, Police Chiefs and councilors and city managers in the streets. It seems like only the growing millions in the TEA PARTY understands that America is heading for insolvency, thanks to the Liberal progressives. The TEA PARTY is waiting for your membership to stop these travesties of the "Rule of Law." and press Congress from borrowing more money from Communist China and other investors, to pay the interest on the 14 Trillion dollar debt.

We are merely rearranging the deck chairs on the Titanic. And there certainly is not enough life boats. It pains me to even think about it, but it won't be long, folks, We are at war!!

Senator Dianne Feinstein, CA-D, testified before the Senate Judiciary Com. in 1995 that California was "an immigration disaster." Our K-12 schools are a vivid example as they have gone from best to near-worst in the nation and are now over half Latino. Illegal immigration is also a big part of the budget mess.
Yet Feinstein and Boxer have poor voting records on immigration bills. See www.numbersUSA,com The public must elect politicians who will get behind this issue. Make it a big issue in the coming presidential campaigns or we will be a third world country - as some parts already are. Thank you, Mr. Malcolm, for your exposure of this issue.

The opposition to sb1070 is coming from American citizens who are standing against bigotry and a distorted sense of patriotism. The intentions of Arizona’s legislators who drafted the bill were obviously using immigration as a smoke screen to marginalize and suppress a growing Hispanic influence in the state.

This should come as no great surprise to anyone! You have to remember that the progressive/socialist party has no desire to stop the flow of illegals into the country. They rely heavily on the minority and unions votes/contributions.


There was one (of three) dissenting vote on the 9th District ruling. That judge stated that the U.S. congress and administration have asked states for help in the massive illegal immigration invasion (Secure Communities), so they (Obama) are talking out of both sides of their mouth.

But don't let this dissenter's vote and comments get out anywhere. The public must be getting the same homogenius message: Arizona BAD, illegal aliens and profiteering filth GOOD.

We are at war, with Mexico and the Traitors who support the Illegal Alien Nation, occupying our sovereign nation.

Mexico has long waged undeclared economic warfare on the United States of America. They are as corrupt as can be an were even way, way back before my grandmother left. (And yes, she provided food to the Federales for protection.)

Nancy Skinner is living in lala land if she thinks that when Obama had the president of Mexico speak before the congress and slam our country/state laws as anything other than Obama seeking votes, she is not listening. Obama needs to go. All he does is not in the best interst of our country in fact at every turn Obama is side stepping the Constitution, is involved in sneaky stuff, weaking our country by apologizing for our country in essence say our country is horrible - if our country is so bad why doesn't he just leave and stay gone and not as our president, if our country is so bad then why are all these people trying to get in illegally, why is Obama not protecing our laws (i.e. borders, etc) because he is more interested in himself than the country/we the people. He has enjoyed the unlimited piggy bank he has had to fund his expensive/frivilous vacations, etc.

Re Raymond Gutierrez

If the majority of illegals were from say Western Europe, Africa, Asia or Canada, I suppose you would still think the law racist?
Yeah right!
Any American of Hispanic descent who opposes enforcing the law against all immigration violators is a racist. They think Hispanics should receive special treatment and be exempt from the laws of the US, just because they share a common ancestry or ethnicity.

Once again - Whose responsible for undermining our immigration laws and why?

Google "Jewish Involvement In Shaping American Immigration Policy"

Mr. Gutierrez, You need not post your opinion. Just post your name and we will know where you stand.. I invite you to come to this State (AZ) and deal with these criminals that you think we are abusing.. I guarantee, if the Government does not start enforcing it. It will happen in the streets which makes us just like Mexico. The deplorable country to which all of these illegals are coming from, yet waving their flags.. If you are so damn proud of your country, go back and fix it.. Otherwise, keep your damn mouth shut about those that are trying to fix the US and Arizona..

Now there is a racist statement if ever I heard one. Arizona is a border state in need of protection by any and all individuals crossing into the US unlawfully. Unless your in the country unlawfully you shouldn't have any reason NOT to support their efforts. Hispanic influences are not the issue and to insinuate that it is, to me, is the true smokescreen. When all else fails pull the race card.

Illegal has no race people. If you are illegal you do NOT belong here and should not receive one American cent. Our leaders bow to these illegals who sneak in laughing at us as they take take take. Oh, and let's just keep letting them pop out 6 kids by the time they are 17 years old. Wake up America!

Now that Aljazeera is reporting the decision of the Ninth Circuit, we will probably get a huge influx of illegals from the Middle East.

BTW are we allowed to mention where they are from?

I don't think anyone stopped for DWI should be fined or lose their license unless they have a wreck and hurt somebody. They don't intend to hurt anyone. They just want to go home. I think that applies to a lot of situations. If I ever get another speeding ticket and they fine me instead of just turning me over to ICE, I am going to slap a discrimination suit on them.

are you kidding me.. what has any foreign government have to do with our courts' rulings??? If anyone of you doubts the horrrendous mistake our current president made in joining the USA in the International Human Rights Council, this should be your first shiver of fear over what is happening to our grand Republic under obama's plans for our future...

I think we should use Mexico's illegal immigration law which is extremely harsh.

No other country should have ANYTHING to say about what state's decide. If they do we get to bill them.

SB1070 is not racist...we are a country of laws before we are a country of immigrants.

Can Arizona withdrawal from the Ninth District doesn't reflect anything but the liberal west.

(AM responds: No not really. It's a geographic region of most Western states and Hawaii. A few years ago some tried to get Congress to break up the 9th into 2 districts, claiming it was too big and diverse, and Montana, for instance, has little in common with San Francisco. No go yet.)


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About the Columnist
A veteran foreign and national correspondent, Andrew Malcolm has served on the L.A. Times Editorial Board and was a Pulitzer finalist in 2004. He is the author of 10 nonfiction books and father of four. Read more.
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