Judge: Arizona Residents Have Standing to Challenge SB 1070

Judge: Arizona Residents Have Standing to Challenge SB 1070

"A federal judge has set the stage for a new challenge to Arizona’s immigration law if the U.S. Supreme Court rejects the one it has before it now.  In a 20-page ruling, U.S. District Court Judge Susan Bolton said that various Arizona residents have legal standing to challenge the 2010 statute. In each case, the judge said they made a showing that they could be personally affected — and adversely — if the state begins enforcing the law.  Bolton also rebuffed a bid by attorneys for Gov. Jan Brewer to preclude these challengers from seeking class-action status to represent all those who might be victims of discrimination under the terms of SB 1070. The judge will hear arguments on that this coming week.  The ruling, issued Tuesday, comes as the nation’s high court is weighing arguments by the Obama administration that four key provisions of the state statute are preempted by federal law. Bolton had agreed with their arguments nearly two years ago when she blocked Arizona from implementing those sections, a decision upheld by the 9th U.S. Circuit Court of Appeals.  If the Obama administration wins, the provisions go away and that’s the end of the matter.  But if the justices let some sections take effect — and there were indications at last month’s hearing they might — then this case becomes one of the new battlegrounds over the legality of SB 1070." - CMS, May 30, 2012