Appeals Court to Hear Immigration Law in November

Updated: Friday, 27 Aug 2010, 7:14 PM MDT
Published : Friday, 27 Aug 2010, 7:14 PM MDT

PHOENIX - Attorneys for Governor Brewer are appealing the ruling over Arizona's new immigration law, taking it to a federal court in California.

There are 27 judges in the 9th Circuit Appeals Court. Three will be picked at random to decide what to do with SB1070.

In San Francisco in early November, those three judges will file in and listen to intense arguments. Lawyers for Gov. Brewer will ask the appeals court to reverse Phoenix Federal Judge Susan Bolton's ruling, which blocked SB1070 from wholly taking effect.

It is not going to be easy for Brewer's lawyers to get the federal judge's ruling tossed out. They'll have to convince the appeals court the ruling was clearly unreasonable.

The ACLU believes that's not going to happen.

"We think Judge Bolton's decision was carefully crafted, she's very well informed, she had hearings, was able to digest the issues," said Alessandra Soler Meetze from the ACLU.

While everyone agrees there are problems at the border, the U.S. Justice Department says only the federal government can pass immigration laws -- not the states.

Gov. Brewer says SB1070 mirrors federal law, and helps enforce what the federal government can't -- or won't.

The case could go all the way to the Supreme Court. ... -8-27-2010