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Arizona's governor Jan Brewer says she will fight the injunction against her State's new immigration law all the way to the Supreme Court if necessary.
That court fight could begin today.
Tom Dupree is the -- Deputy assistant attorney general there -- what happens now Tom.
Well John the next step is Arizona's gonna take this battle to the ninth circuit.
I anticipate that they're gonna.
File their appeal today they can ask the ninth circuit to overturned the district court's order.
Thereby allowing the Arizona law to go into effect all right but are you making any predictions the ninth circuit pretty liberal law Circuit Court of Appeals.
It sure is I think that Arizona it does -- uphill battle at least at this stage of the fight.
The ninth -- certainly is one of the more liberal courts of appeals at the same time it will decide this case at least initially.
By -- three judge panel and there are conservative judges on the ninth circuit who might view it differently from some of their liberal counterparts so.
We won't really have a feel for how the courts likely to approach it until we know which judges on the panel and once -- -- -- seen arguments that Arizona and the government put before the court.
I don't know -- you know it's I -- tough to crawl into the mind of a federal judge but the Arizona law was pretty much written word for word to reflect federal law.
How does the federal judge then ruled you know issue this injunction to prevent it from being enforced.
Certainly when the Arizona drafters were preparing their law that's exactly what they had in mind they went to great pains to ensure that the Arizona law.
Mirrored the federal law and therefore would -- be vulnerable to precisely this type of conflict argument.
The way the federal government argued -- case the district court.
-- very contrasting it basically said that the Arizona law conflicts with our law and that will disrupt our enforcement priorities and that it will make us.
Focus on Arizona in illegal aliens present in Arizona.
To the exclusion of other enforcement responsibilities aliens and other states and that sort of things that they really -- the issue more is one of unfairly burdening.
The federal government rather than a square conflict with a particular provision -- federal law -- I know when you go to appeals court you.
You can't just say the federal.
Judge got it wrong you have to focus in on specific.
Issues in her decision where -- -- Arizona stand the best chance do you think.
Well I think Arizona is likely to focus its efforts.
On the provision that's gotten a lot of attention namely the one that grants Arizona officers the power or requires that really.
Two questions -- if they have reasonable suspicion that the person is present in the country illegally.
And I think Arizona's best argument at this point is to make the type of claim that we've just been discussing which is to say.
Our law doesn't conflict with federal law rather it mirrors it and what -- really doing is enhancing.
Enforcement authority in a way that is entirely consistent and reinforcing.
The federal law that's already on the books Tom -- -- -- banks.
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