FAIR Americans Fight Against OBAMA'S LA RAZA ASSAULT ON LEGALS IN ARIZONA!

FAIR Continues to Fight for Arizona
On September 2, 2010, 66 members of Congress—five Senators and 61 Representatives—filed an amicus brief in the Ninth Circuit Court of Appeals appealing Judge Susan Bolton’s decision in the U.S. Justice Department’s suit against the State of Arizona over SB 1070. The brief, which was drafted with the assistance of the Immigration Reform Law Institute (IRLI) and the American Center for Law and Justice (ACLJ), was the second amicus brief to be filed by members of Congress who support SB 1070. The first brief was filed on July 20, 2010 before Judge Bolton handed down her decision enjoining several key provisions of the Arizona law, largely adopting the arguments made by the U.S. Justice Department. (See FAIR’s Legislative Update, August 2, 2010).

Judge Bolton’s ruling is now on appeal before the Ninth Circuit Court of Appeals. The appellate brief argues that Judge Bolton erred in enjoining SB 1070 in two key ways. First, the brief argues that Judge Bolton relied on case-law that was rendered inapplicable by subsequent alien registration laws passed by Congress. The brief also argues that Judge Bolton misapplied the standard articulated by the U.S. Supreme Court for evaluating statutes of the nature presented in SB 1070. The Ninth Circuit is slated to hear oral arguments in the case in November.