A federal appeals court announced today it will hear arguments in San Francisco in early November on Arizona’s appeal of a ruling that blocked key parts of the state’s new immigration law.
The 9th U.S. Circuit Court of Appeals issued the scheduling order at its San Francisco headquarters the day after the state of Arizona and Gov. Jan Brewer filed their notice of appeal.
The state is appealing a preliminary injunction issued by U.S. District Judge Susan Bolton on Wednesday in a lawsuit filed by the U.S. Justice Department.
Arizona had asked for an expedited appeal with a hearing in mid-September.
But the appeals court, in an order issued through its clerk’s office, said a November hearing is in accordance with a court rule on the scheduling of appeals of preliminary injunctions, which are considered on a faster schedule that most other appeals.
The court said, “To the extent that appellants seek to expedite the appeal beyond the provisions of (the rule), appellants’ motion is denied.”
The Justice Department said in a court filing Thursday that it supports a quick resolution of the case, but that Arizona’s proposed schedule with a mid-September hearing wouldn’t give the government enough time to prepare its response to the appeal.
The order provides that Arizona will file its opening appeal brief on Aug. 26; the Justice Department must respond by Sept. 23; and Arizona has the option of filing a reply two weeks later.
A three-judge panel will hear arguments in San Francisco the week of Nov. 1, the order said.
That panel’s eventual ruling can be appealed to an expanded 11-judge panel of the circuit court and then to the U.S. Supreme Court.
Among other provisions, Bolton’s preliminary injunction blocked a requirement that Arizona police must determine the immigration status of people whom they arrest or stop for other reasons and reasonably suspect of being in the United States illegally.
It also halted a provision requiring non-citizens to carry immigration documents with them and making it a crime if they don’t.
Other parts of the law went into effect on Thursday.
If upheld, the preliminary injunction would remain in effect until a full trial in Bolton’s court on the Justice Department lawsuit.
