Feathered Bastard

Jan Brewer Smacked Down by 9th Circuit on Preliminary Injunction Appeal

Governor Jan Brewer's bad week just got worse.

Today the 9th Circuit Court of Appeals denied Arizona's appeal of District Court Judge Susan R. Bolton's July 28 injunction of the most significant parts of SB 1070, the state's "paper's please" legislation.

In their motion to the 9th Circuit, Brewer's pricey Snell & Wilmer lawyers argued that, "the citizens of Arizona are suffering irreparable harm in terms of their health, safety and welfare every day that the injunction remains in force."

But the 9th Circuit already has established rules for the scheduling of preliminary injunction appeals, and they refused the governor's attempt to speed things up.

"To the extent that appellants seek to expedite the appeal beyond the provisions of Ninth Circuit Rule 3-3(b), appellants' motion is denied," wrote the clerk of the court, in reply to Arizona's motion.

"Accordingly," the order continues, "briefing shall proceed as follows: the opening brief and excerpts of record are due not later than August 26, 2010; the answering brief is due September 23, 2010 or 28 days after service of the opening brief, whichever is earlier; and the optional reply brief is due within 14 days after service of the answering brief."

It concludes by stating, "The Clerk shall calendar this case during the week of November 1, 2010 in San Francisco, California."

The Snell & Wilmer legal beagles wanted the oral argument set for the week of September 13, but the U.S. Government, in its reply, argued that the current rules allowed for a speedy enough hearing. And the 9th Circuit agreed.

You can read the 9th Circuit's order, here.

I know Brewer's raised a million-plus in private donations to fund the defense of SB 1070, but you've got to wonder if that will cover all the legal costs involved. Particularly since most legal observers believe she's bound to lose.

KEEP PHOENIX NEW TIMES FREE... Since we started Phoenix New Times, it has been defined as the free, independent voice of Phoenix, and we'd like to keep it that way. With local media under siege, it's more important than ever for us to rally support behind funding our local journalism. You can help by participating in our "I Support" program, allowing us to keep offering readers access to our incisive coverage of local news, food and culture with no paywalls.
Stephen is a former staff writer and columnist at Phoenix New Times.
Contact: Stephen Lemons