Thursday, September 6, 2012
On Remand from Supreme Court, District Court Refuses to Enjoin S.B. 1070 "Show Your Papers" Provision
On remand from the Supreme Court in Arizona v. United States, District Court Judge Susan Bolton in Valle del Sol v. Whiting has refused to enjoin Section 2(B) of Arizona's S.B. 1070. Ruth Robson on Constitutional Law Prof blog analyzes the latest ruling in the S.B. 1070 saga.
As Professor Robson observes, the short (11 double-spaced page) ruling does not really get into plaintiffs' legal claims for a preliminary injunction, including the Equal Protection and Fourth Amendment claims -- claims that were not considered by the Supreme Court in Arizona v. United States, which exclusively addressed federal preemption challenges to S.B. 1070. The district court -- like the Supreme Court -- saves for another day "as applied" challenges to Section 2(B), including challenges based on alleged racial profiling by police.
Judge Bolton, it appears, sought to closely adhere to the lead of the Supreme Court. Recall that the Court affirmed the injunction covering three of four provisions of S.B. 1070.