Another Round in the Courts for Arizona’s S.B. 1070

The Associated Press reports on oral arguments today in the U.S. Court of Appeals for the Ninth Circuit that in Arizona’s effort to let police enforce a section of the state’s 2010 immigration enforcement law (S.B. 1070)  that prohibits the harboring of illegal immigrants. The harboring ban was in effect until the district court ruled in September that it was prempted by federal law and enjoined further enforcement. Arizona has appealed to the Ninth Circuit.

The Supreme Court previously invalidated three core provisions of S.B. 1070. In March 2013, the Ninth Circuit struck down provisions that make it unlawful for a motor vehicle occupant to hire or attempt to hire a person for work at another location from a stopped car that impedes traffic, or for a person to be hired in such a manner.

The case is Valle Del Sol v. State of Arizona and will be heard at 11:00 a.m. this morning in San Francisco.

UPDATE (April 2 3:15 p.m.):  Here is the audio to the oral argument.  Arizona began the argument with a standing  argument, with things devolving quickly when the judges began focusing on the confusing language of the statute.  The Ninth Circuit panel hearing the argument was composed of Judges Noonan, Paez, and Bea, the same panel that heard the Ninth Circuit’s original appeal of the district court ruling in the S.B. 1070 case and agreed with thr district court’s ruling on the unconstitutionality of four core provisions of S.B. 1070.  Judge Bea was the only member of the panel to aggressive question counsel for the plaintiffs/appellees.  Given my familiarity with the panel, the merits, and listening to the argument, I would bet that the court affirms entry of the preliminary injunction (with a possible dissent n part by Judge Bea).

KJ