Judge Susan Bolton may enjoin Arizona Law in part, SB 1070, Section by section

From The Phoenix New Times July 23, 2010.

“In a day filled with protests, arrests, legal arguments, an appearance by the governor, and at least one certified neo-Nazi, the most significant developments in the SB 1070 saga happened within the Sandra Day O’Connor U.S. Courthouse in Phoenix, not without.

There, Judge Susan R. Bolton oversaw two hearings Thursday where the plaintiffs sought to have her enjoin SB 1070, Arizona’s new “papers, please” legislation. But Bolton, without indicating when she would make a decision, signaled that if she enjoins SB 1070, she will do so in part, perhaps gutting significant portions of the law while leaving the remainder ready to go into effect July 29.

Whatever her decision, legal experts anticipate that her ruling will be appealed to the 9th Circuit Court of Appeals, which would likely put the law on hold.

Although lawyers for the ACLU, MALDEF, and finally the U.S. Department of Justice argued in separate hearings that the law must be taken as a whole, Bolton kept directing them to the specifics of certain provisions.

“You’re not asking me to do that?” Bolton asked ACLU attorney Omar Jadwat at one point in the morning hearing on the ACLU/MALDEF suit about his request that she enjoin 1070 in its entirety.

“Shouldn’t we be talking about it section by section?” she continued. “And talk about what you want me to enjoin?”

She cited the severability clause in the statute, which would allow her to partially enjoin, while leaving the rest of the statute in force.

Jadwat contended that the law’s stated intent, to make “attrition through enforcement” the policy of Arizona, indicated that all parts of SB 1070 were meant to work together toward this goal.

However, Bolton declared that, “I cannot enjoin the [law’s] intent.””

“”Why can’t Arizona be as inhospitable as they wish to [illegal immigrants]?” wondered Bolton at one point.”
“Playing devil’s advocate, Bolton observed that not a day goes by without the news reporting on a drop house being busted by authorities. Didn’t Arizona have a legitimate concern with “public safety” and the “dangerous situation” that harboring illegal aliens causes?”

“Bolton does not have to issue a decision on an injunction before July 29, the date 1070 is scheduled to go into effect, but most observers believed she will.

It’s worth remembering that an injunction would not overturn the law, just place all or part of it on hold until the various lawsuits play themselves out. The question remaining seems to be how much of the law Bolton will allow to go into effect come the 29th.”

Read more:

http://blogs.phoenixnewtimes.com/bastard/2010/07/sb_1070_field_day_will_judge_s.php