TOM HORNE FORSEES NINTH CIRCUIT PARTIALLY OVERRULING LOWER COURT ON S.B. 1070

HORNE FORSEES NINTH CIRCUIT PARTIALLY OVERRULING LOWER COURT ON S.B. 1070







PHOENIX – Republican Attorney General nominee Tom Horne, who attended today's U.S. Ninth Circuit Court of Appeals hearing regarding S.B. 1070, believes at least part of the lower court ruling vacating portions of the law will be overruled.

"Before these arguments began, there was much discussion about the three judges, who is on the left, the right and in the middle," Horne noted. "Regardless of those considerations, I believe the three judges will unanimously overturn Judge Susan Bolton's earlier decisions on S.B. 1070 in regards to Sections 2 and 6, but not Sections 3 and 5."

Horne explained, "On the merits of Section 2, which is the language that requires local law enforcement to make inquiries of Immigration and Customs Enforcement, Judge Bolton ruled that such language was an undue burden on ICE. But it is clear to me this panel will unanimously overrule her and will rule that the federal government is obligated under statute to respond to inquiries of local law enforcement."

He added, "Section 6 deals with warrantless arrest of a suspected illegal who has committed a crime that is a 'removable offense.' The Ninth Circuit panel believes this is a law that could be applied in a way that is unconstitutional, but could still be applied in manner that is legal. The court challenge in this instance is called a 'facial challenge' which means if there is any way to enforce the law legally, the challenge should fail. For that reason, I believe the Court will unanimously overrule Judge Bolton on Section 6."

Horne continued, "In regards to Section 3, which is the documentation requirement, the judges said Arizona may not add to the federal law that requires legal aliens to carry documentation of their immigration status. If the lower court ruling is upheld, the state would argue before the U.S. Supreme Court that the state and federal requirements are the same."

Horne concludes, "With respect to Section 5, which concerns employment of illegal immigrants, the Court will likely rule against Arizona because the Ninth Circuit is bound by an earlier ruling by another three judge panel from the Ninth Circuit. This argument would have to be appealed at the U.S. Supreme Court."

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Paid for By Tom Horne for Attorney General