By Ginger Rough Alia Beard Rau & Casey Newton The Arizona Republic
Days after Gov. Jan Brewer called a judges temporary injunction of parts of Senate Bill 1070 a little bump in the road her office confirmed that she would consider tweaking the law in response to the ruling. Brewer already has spoken to Republican legislative leaders about the possibility of calling state lawmakers into a special session to alter and strengthen the immigration law.
We need to explore any and all options including the possibility of tweaks to SB 1070 to get the legislation implemented as soon as possible Brewer said in a statement e-mailed to The Arizona Republic.
Those discussions which were characterized as extremely preliminary have not focused on specific changes to the legislation but rather whether it might be in the best interests of the state to consider alterations as the law makes its way through the legal appeals process.
On Wednesday U.S. District Judge Susan Bolton ordered that four provisions of the law be temporarily blocked.
The 9th U.S. Circuit Court of Appeals in San Francisco on Friday issued a two-page order denying Brewers request for an expedited appeals process with a hearing during the week of Sept. 13. Instead the court said it would hold a hearing in November.
Before that decision Brewer had already spoken with House Speaker Kirk Adams R-Mesa and Senate President Bob Burns R-Peoria about the possibility of holding a special session to address tweaking the legislation.
In some instances the reasoning for Boltons decision hinged on very specific wording in the law that if changed could resolve the issue.
For example one part of the law she halted would have required any person arrested to have his or her immigration status determined before he or she could be released. The state said the intent was for this to apply only to individuals reasonably suspected of being in the country illegally.
But Bolton said the current wording of that sentence doesnt say that and creates a burden on federal resources and legal residents.
The portions of the law Bolton did not block took effect Thursday prompting demonstrations and acts of civil disobedience throughout the state. Dozens of people were arrested.
On Friday both Adams and Burns seemed lukewarm to the idea of a special session. Burns said many lawmakers are in the midst of election campaigns or on vacation. Adams also pointed out that tweaking the law might weaken the states case in court.
In the coming days legal staffs from the House the Senate and Brewers office will conduct a thorough legal analysis of the law and the judges decision.
Sen. Russell Pearce a Mesa Republican and a primary architect of SB 1070 said he would entertain changes only if they made the legislation stronger.
I am not sure any so-called tweaks are necessary but if it improves the bill Im open . . . as long as the spirit of the bill is kept Pearce said.
But he and Adams were among those who reiterated their contention that SB 1070 as written is legally defensible.
I believe ultimately that this bill as it is currently constructed will be found constitutional when it reaches U.S. Supreme Court Adams said. I think the judges decision was flawed.
Brewer spokesman Paul Senseman said the governor had not reached out to Democratic leadership about whether to make adjustments to the law nor did she plan to.
Democrats scoffed at the idea Friday.
House Minority Leader David Lujan D-Phoenix suggested Brewer and the Republicans were playing politics.
I think this is just Governor Brewer and Republicans wanting to politicize this more right before an election Lujan said.
Rep. Kyrsten Sinema D-Phoenix said alterations to the law wont make it more palatable to the courts.
Heres the thing about the Supremacy Clause - its not much on tweaking Sinema said referring to a portion of the U.S. Constitution that says documents federal statutes and U.S. treaties are the supreme laws of the land and must prevail over state law - a key part of the Department of Justices lawsuit over SB 1070.
Its not something you can tweak around with she said. I am not sure what (Brewer) thinks can be tweaked.
By Ginger Rough Alia Beard Rau & Casey Newton The Arizona Republic
Days after Gov. Jan Brewer called a judges temporary injunction of parts of Senate Bill 1070 a little bump in the road her office confirmed that she would consider tweaking the law in response to the ruling. Brewer already has spoken to Republican legislative leaders about the possibility of calling state lawmakers into a special session to alter and strengthen the immigration law.
We need to explore any and all options including the possibility of tweaks to SB 1070 to get the legislation implemented as soon as possible Brewer said in a statement e-mailed to The Arizona Republic.
Those discussions which were characterized as extremely preliminary have not focused on specific changes to the legislation but rather whether it might be in the best interests of the state to consider alterations as the law makes its way through the legal appeals process.
On Wednesday U.S. District Judge Susan Bolton ordered that four provisions of the law be temporarily blocked.
The 9th U.S. Circuit Court of Appeals in San Francisco on Friday issued a two-page order denying Brewers request for an expedited appeals process with a hearing during the week of Sept. 13. Instead the court said it would hold a hearing in November.
Before that decision Brewer had already spoken with House Speaker Kirk Adams R-Mesa and Senate President Bob Burns R-Peoria about the possibility of holding a special session to address tweaking the legislation.
In some instances the reasoning for Boltons decision hinged on very specific wording in the law that if changed could resolve the issue.
For example one part of the law she halted would have required any person arrested to have his or her immigration status determined before he or she could be released. The state said the intent was for this to apply only to individuals reasonably suspected of being in the country illegally.
But Bolton said the current wording of that sentence doesnt say that and creates a burden on federal resources and legal residents.
The portions of the law Bolton did not block took effect Thursday prompting demonstrations and acts of civil disobedience throughout the state. Dozens of people were arrested.
On Friday both Adams and Burns seemed lukewarm to the idea of a special session. Burns said many lawmakers are in the midst of election campaigns or on vacation. Adams also pointed out that tweaking the law might weaken the states case in court.
In the coming days legal staffs from the House the Senate and Brewers office will conduct a thorough legal analysis of the law and the judges decision.
Sen. Russell Pearce a Mesa Republican and a primary architect of SB 1070 said he would entertain changes only if they made the legislation stronger.
I am not sure any so-called tweaks are necessary but if it improves the bill Im open . . . as long as the spirit of the bill is kept Pearce said.
But he and Adams were among those who reiterated their contention that SB 1070 as written is legally defensible.
I believe ultimately that this bill as it is currently constructed will be found constitutional when it reaches U.S. Supreme Court Adams said. I think the judges decision was flawed.
Brewer spokesman Paul Senseman said the governor had not reached out to Democratic leadership about whether to make adjustments to the law nor did she plan to.
Democrats scoffed at the idea Friday.
House Minority Leader David Lujan D-Phoenix suggested Brewer and the Republicans were playing politics.
I think this is just Governor Brewer and Republicans wanting to politicize this more right before an election Lujan said.
Rep. Kyrsten Sinema D-Phoenix said alterations to the law wont make it more palatable to the courts.
Heres the thing about the Supremacy Clause - its not much on tweaking Sinema said referring to a portion of the U.S. Constitution that says documents federal statutes and U.S. treaties are the supreme laws of the land and must prevail over state law - a key part of the Department of Justices lawsuit over SB 1070.
Its not something you can tweak around with she said. I am not sure what (Brewer) thinks can be tweaked.
