On Monday November 1, the 9th Circuit Court of Appeals in San Francisco heard arguments in the case United States of America v. State of Arizona and Janice K, Brewer, Governor of the State of Arizona. C-SPAN, NBC-Universal News and other news outlets aired the hearing live at 9am.
The American Immigration Council's Legal Action Center lists the lawsuits filed against S.B. 1070, including summaries and links to the court filings in the following cases:
Motions to Transfer: On June 25, 2010, U.S. District Court Judge Susan Bolton, assigned to hear Frisancho v. Brewer (No. CV 10-926), granted the Motions to Transfer filed by the Friendly House plaintiffs and defendant Governor Brewer. Plaintiffs in each of the five cases (i.e., the first five cases filed, which are listed above) were directed to file a notice no later than 5:00pm on Tuesday, June 29, 2010, listing all motions pending in each case and the briefing status of those motions. The full text of Judge Bolton's order is below.
July 16, 2010. Hearing: Judge Bolton held a two-hour hearing on July 16, 2010, the first involving S.B. 1070. The Court was asked to consider two motions: Defendant Gov. Jan Brewer's request to dismiss the case and the plaintiffs' request for a preliminary injunction.
July 22, 2010. Hearings: Judge Bolton heard arguments from the attorneys in the Friendly Housecase at 10am (re defendant Governor Brewer's motion to dismiss), and from the attorneys in the DoJ lawsuit at 1:30pm (preliminary injunction hearing). Read more below:
July 28, 2010. Order: U.S. District Court Judge Bolton issued an order preliminarily enjoining the state of Arizona and Governor Brewer from enforcing the most controversial section of the law. Judge Bolton's order is below. For further information, read these stories:
July 29, 2010. Preliminary Injunction Appeal: Defendants Governor Brewer and the State of Arizona filed an appeal to the U.S. Court of Appeals for the Ninth Circuit from the District Court's July 28 order, preliminarily enjoining enforcement of specified sections of SB 1070. The case has been assigned a U.S. Court of Appeals docket number of 10-16645. As soon as briefs are filed, we'll post them here.
July 30, 2010. Request for Expedited Appeal Denied: The Court of Appeals for the Ninth Circuit denied Governor Brewer's request to expedite the appeal and set a hearing for the week of November 1. In addition, the appeals court on Friday set an August 26 date for Arizona's opening brief, with the government's response on September 23. The court said it would not grant any extensions of time to file briefs "absent extraordinary and compelling circumstances."
August 24, 2010. Frisancho v. Brewer, Defendant's Motion to Dismiss is Granted: Judge Susan Bolton found that the plaintiff Roberto Frisancho does not have standing to bring this lawsuit at this time. The plaintiff is "a Hispanic male, is a natural born citizen of the United States and a resident of the District of Columbia." He stated in court documents that he planned to "visit Arizona in September 2010 and return over the next few years" to conduct research. The full opinion is below.
August 26, 2010. State of Arizona's Opening Brief (9th Circuit): Read the 73 page brief below (also includes a 15 page addendum).
August 31, 2010. Escobar v. Brewer, Defendant's Motion to Dismiss is Granted: Judge Susan Bolton issued an order granting Defendant Janice K. Brewer's Mtion to Dismiss. Plaintiff Escobar's First Amended Complaint was dismissed for lack of standng. The 9 page order is below.
September 23, 2010. United States' Answering Brief (9th Circuit): The document is 136 pages, which includes the 60+ page brief and statutory addendum.
October 8, 2010. Friendly House v. Whiting Order Granting in Part Motions to Dismiss: U.S. District Court Judge Susan Bolton issued an order granting in part and denying in part the Motions to Dismiss by Defendants. The following of Plaintiffs' claims are dismissed for lack of standing: violation of the First Amendment (Count 3) only as far as Plaintiffs challenge of Section 2 of S.B.1070; violation of the right to travel under the Privileges and Immunities Clause (Count 7); Plaintiffs fail to state a claim upon which relief can be granted for the following claims: violation of the First Amendment (Count 3) only as far as Plaintiffs challenge A.R.S. § 13-2928(C) of Section 5 of S.B. 1070; violation of the Due Process Clause (Count 6) only as far as Plaintiffs challenge Sections 2 and 5 of S.B. 1070 for vagueness; Defendants' Motions to Dismiss are denied for the balance of Plaintiffs' claims; denying as moot Plaintiffs' Motion for Preliminary Injunction 235 and Request for Order on Pending Motion 430.
October 12, 2010. State of Arizona & Janice K. Brewer, Defendants-Appellants, Reply Brief (9th Circuit): Download the 37-page brief (PDF) below.
October 13,2010. State of Arizona & Janice K. Brewer's Response to the Brief of Amicus Curiae filed by the United Mexican States (9th Circuit): The 26-page brief is below.
November 1, 2010. Hearing U.S.A. v. Arizona (9th Circuit): The hearing has been scheduled for Monday, November 1 at 9:00am in San Francisco (Courtroom 1, 3rd floor). Each side has a maximum argument time of 15 minutes. A copy of the schedule is below. [Note: will be televised live on C-SPAN]
December 10, 2010. United States of America v. State of Arizona, Order (U.S. District Court): Granting in part and denying in part Defendants State of Arizona and Janice K. Brewer's 81 Motion to Dismiss and granting Plaintiff 30 days including the date of entry of this Order to file any amended Complaint. Signed by Judge Susan R. Bolton on 12/10/10.
February 10, 2011. U.S. v. State of Arizona, State of Arizona and Gov. Brewer's Answer and Counterclaims (U.S. District Court): Arizona argues that the U.S. gov't of failing to maintain operational control of the state's border with Mexico, failing to protect it from invasion and violence, and failing to enforce federal immigration laws. Read the filing in full text (see PDF below). For a summary, read:
April 1, 2011. Hearing, U.S. v. State of Arizona (U.S. District Court): Judge Bolton has set a April 1 hearing (10am in Courtroom 502) for arguments over the Arizona's Legislature's request to become a party in the U.S. Justice Department's challenge to Arizona's SB 1070. Briefs are saved below.
April 11, 2011. Opinion, U.S. v. State of Arizona (9th Circuit): The 9th Circuit Court of Appeals affirmed the preliminary injunction enjoining enforcement of S.B. 1070 sections 2(B), 3, 5(C), and 6. To read 87-page PDF opinion, see full text below.
August 10, 2011. Petition for a Writ of Certiorari: The State of Arizona and Governor Janice Brewer filed a petition for writ of cert. The question presented is "whether the federal immigration laws preclude Arizona's efforts at cooperative law enforcement and impliedly preempt these four provisions [enjoined by the 9th Circuit] of S.B. 1070 on their face." The full text is linked at the bottom of the document list below.
October 31, 2011. Friendly House v. Whiting, Renewed Motion for Preliminary Injunction of A.R.S. §§ 13-2928(A) & (B): MALDEF and other opponents of Arizona's immigration enforcement law filed this motion to enjoin a section of the statute that bans the blocking of traffic when people seek or offer day-labor services on the street.
October 31, 2011. Friendly House v. Whiting, First Amended Complaint for Declaratory and Injunctive Relief Class Action: Filed by the National Immigration Law Center in the U.S. District Court, Arizona. Full text below.
December 2, 2011. Friendly House v. Whiting, Intervenor Ds (Gov. Brewer and State of Arizona) Response to Ps Renewed Motion for Preliminary Injunction of A.R.S. §§ 13-2928 (A) and (B): Full text below.
December 12, 2011. Petition for certiorari is granted by the U.S. Supreme Court (No. 11-182): In Arizona v. United States, the question presented is whether federal immigration laws preclude Arizona's efforts at cooperative law enforcement and impliedly preempt Arizona laws that authorize and direct state law enforcement officers to cooperate and communicate with federal officials regarding enforcement of federal immigration law, and that impose penalties under state law for noncompliance with federal immigration requirements. SCOTUSblog's Arizona v. United States page includes links to the 9th Circuit opinion, the petition for cert, the brief in opposition, the petitioner's reply, and several amicus briefs. Also see the U.S. Supreme Court's Docket page to find out when oral arguments have been scheduled (April 25, 2012) and the list of court filings. Not yet posted on the SCOTUSblog page (as of Feb. 10, 2012), the 131-page Brief for Petitioners was filed on Feb. 6, 2012.
December 14, 2011. Friendly House v. Whiting, Ps Reply in Support of Their Renewed Motion for Preliminary Injunction of A.R.S. §§ 13-2928(A) and (B): Filed by the ACLU, National Immigration Law Center and MALDEF in the U.S. District Court, District of Arizona. Full text below.
February 17, 2012. Friendly House v. Whiting, Intervenor Defendants' Reply in Support of Motion to Dismiss the Individual Plaintiffs and Strike Class Action Allegations: Governor Brewer and the state of Arizona argue that the Ps do not have standing to challenge Sections 2 and 6 and no individual plaintiff has alleged a credible or imminent fear of enforcement under Sections 3 or 5. Accordingly, the Ds argue that the Court should dismiss the individual plaintiffs' claims and strike the Ps' First Amended Complaint's class action allegations. Full text is below.
February 27, 2012. Friendly House v. Whiting, Ps Response in Opposition to Ds Motion to Consolidate Cases: Ps argue that, at a minimum, the Court should postpone a decision on whether to consoidate until after the Supreme Court rules on the appeal currently pending before it in Arizona v. United States. In the alternative, Ps submit that the Court should only consolidate these matters for limited, pre-trial purposes. Full text is below.
February 29, 2012. Friendly House v. Whiting, Order Granting Ps Renewed Motion for Preliminary Injunction of A.R.S. § 13-2928(A) and (B) and it is further ordered that Ds are preliminarily enjoined from enforcing A.R.S. § 13-2928(A) and (B). Full text below.
March 28, 2012 Friendly House v. Whiting, Motion for Dismissal Without Prejudice by Plaintiffs Friendly House and Muslim American Society. Full text below.
March 30, 2012. Valle del Sol v. State of Arizona, 9th Circuit. Docket No. 12-15688. Appeal filed on Mar. 28, 2012 is a preliminary injunction appeal. Briefing schedule is set. Opening brief is due on Apr. 25, 2012; answering brief on May 23, 2012 or 28 days after service of opening brief, whichever is earlier; and the optional reply brief is due within 14 days after service of the answering brief.
April 13, 2012. Friendly House v. Whiting, Intervenor Defendants' Response to Motion for Dismissal Without Prejudice by Plaintiffs Friendly House and Muslim American Society. Intervenor Defendants Janice K Brewer, Governor of Arizona, and the State of Arizona do not oppose Friendly House's and the Muslim American Society's request for voluntary dismissal but do oppose their request that the dismissal be without prejudice.
April 23, 2012. Friendly House v Whiting, Ps Friendly House and Muslim American Society's Reply in Support of Their Motion for Dismissal Without Prejudice. Plaintiffs argue that Defendants have failed to meet their burden to show that they will suffer substantial legal prejudice. Full-text is below.
May 9, 2012. Valle del Sol v. State of Arizona, 9th Circuit. Docket No. 12-15688. Appellants' Opening Brief.
May 29, 2012. Friendly House v. Whiting, Order (Not for Publication). The Court denied Arizona's Motion to Dismiss the Individual Plaintiffs for lack of standing and strike the class allegation.
June 12, 2012. Friendly House v. Whiting, Answer to Plaintiffs' First Amended Complaint for Declaratory and Injunctive Relief.
June 12, 2012. Friendly House v. Whiting, Maricopa Defendants' Answer to Amended Complaint for Declaratory and Injunctive Relief.
July 9, 2012. Valle del Sol v. State of Arizona, 9th Circuit, No. 12-15688. Appellants' Reply Brief.
July 11, 2012 Friendly House v. Whiting, Order. The Court granted Planitffs Friendly House and Muslim American Society's Motion for Voluntary Dismissal and dismissed Friendly House and Musllim American Society without prejudice. Further ordered the Clerk to change the short title caption from Friendly House, et al. v. Whiting et al. to Valle del Sol, et al. v. Whiting, et al.
June 20, 2012. Valle del Sol v. State of Arizona, 9th Circuit. Docket No. 12-15688. Appellees' Answering Brief.
July 23, 2012. Valle del Sol v. Whiting, Ps' Motion for PI and Memo of P&A in Support.
July 24, 2012. Valle del Sol v. Whiting, Order. The Court granted in part and denied in part Plaintiffs' Motion for Class Certification, certifying Class B and Class C.
July 30, 2012. Valle del Sol v. State of Arizona, 9th Circuit, No. 12-15688. Notice of Oral Argument. Wednesday, Oct. 17, 2012 at 9AM in Courtroom 1, 3rd Floor, James R. Browning U.S. Courthouse, San Francisco, California.
August 17, 2012. Valle del Sol v. Whiting, Plaintiffs' Reply in Support of Motion for Preliminary Injunction.
August 21, 2012. Valle del Sol v. Whiting, Oral Argument. At 10AM before Judge Bolton.
August 21, 2012. Valle del Sol v. Whiting, Plaintiffs' Response to Defendants' Motion to Strike, for Judicial Notice, and for an Evidentiary Hearing.
August 28, 2012. Valle del Sol v. Whiting, Intervenor Defendants' Reply in Support of Motion to Strike, for Judicial Notice and for an Evidentiary Hearing.
Sept. 5, 2012. Valle del Sol v. Whiting, Order. Judge Bolton held that Ps "have not shown they are likely to succeed on their facial challenges to Subsection 2(B) as a result of the Supreme Court's opinion in the related case. Planitiffs have shown that they are likely to succeed on the merits of their claim that A.R.S. § 13-2929 is preempted. Ps have further shown that they are likely to suffer irreparable harm in the absence of an injunction and that the balance of the equities and the public interest favor an injunction as to A.R.S. § 13-2929." She further ordered denying as moot Ps Motion for Temporary Restraining Order in Event Injuction in United States v. Arizona is to be dissolved (Doc. 717).
Sept. 13, 2012. Valle del Sol v. Whiting, Ps Notice of Interlocutory Appeal to 9th Circuit. Ps appeal to the 9th Circuit from that part of the District Court's order, entered on Sept. 3, 2012, denying a preliminary injunction of SB 1070 § 2(B).
Sept. 13, 2012. Valle del Sol v. Whiting, Ps Emergency Motion for Injunction Pending Appeal to the 9th Circuit.
Sept. 14, 2012. Valle del Sol et al. v. Whiting et al., 9th Circuit. Emergency Motion for an Injunction Pending Appeal.
Sept. 17, 2012. Valle del Sol v. Whiting, Ds Response to Emergency Injunction Pending Appeal.
Sept. 17, 2012. Valle del Sol v. Whiting, et al. Ninth Circuit Case Number is 12-17046.
Sept. 17, 2012. USA v. Arizona, United States District Court for the District of Arizona. Stipulation regarding the preliminary injunction of Sections 2(B), 3, 5(C), and 6 of S.B. 1070 by the State of Arizona.
Sept. 18, 2012. USA v. Arizona, United States District Court for the District of Arizona. Order pursuant to the parties stipulation. Judge Bolton further ordered that Sections 3, 5(C), and 6 of S.B. 1070 are hereby permanently enjoined.
Sept. 19, 2012. Valle del Sol v. Whiting, United States District Court for the District of Arizona, Order. Judge Bolton denied Plaintiffs' Motion for Injunction Pending Appeal.
Sept. 21, 2012. C.M., a minor et al. v. Whiting et al., 9th Circuit. Intervenors-Appellees' Response to Appellants' Emergency Motion for an Injunction Pending Appeal.
Sept. 24, 2012. C.M., a minor et al. v. Whiting et al., 9th Circuit. Reply in Support of Plaintiffs-Appellants' Emergency Motion for an Injunction Pending Appeal.
Sept. 25, 2012. C.M, a minor et al. v. Whiting et al., 9th Circuit. Order. Appellants' emergency motion for injunction pending appeal is denied.
Sept. 26, 2012. Valle del Sol v. Whiting and Arizona, 9th Circuit. Order. Cross-appeal filed on Sept. 25, 2012 is a preliminary injunction cross-appeal. New briefing schedule set. Case No. 12-1752.
Nov. 9, 2012. Valle del Sol v. Whiting and State of Arizona, 9th Circuit, No. 12-1752. Appellants' Opening Brief.
Dec. 20, 2012. Valle del Sol v. Whiting and Arizona, 9th Circuit, No. 12-1752. Brief of Plaintiffs-Appellees.
Dec. 27, 2012. Valle del Sol v. Whiting and Arizona, 9th Circuit, No. 12-1752. Brief for the United States as Amicus Curiae Supporting Plaintiffs-Appellees.
Jan. 11, 2013. Valle del Sol v. Whiting and Arizona, 9th Circuit, No. 12-1752. Appellants' Reply Brief.
Feb. 5, 2013. Valle del Sol v. Whiting and Arizona, 9th Circuit, No. 12-1752. Notice of Oral Argument. Tuesday, April 2, 2013 at 11AM in Courtroom 1, 3rd Floor, James R. Browning U.S. Courthouse, San Francisco, California.
March 4, 2013. Valle del Sol v. State of Arizona, 9th Circuit, No. 12-15699. Opinion. Before Judges Fisher, Tallman and Callahan. Opinion written by Judge Fisher. The panel affirmed the district court's grant of a preliminary injunction barring the enforcement of two provisions in Arizona's Senate Bill 1070, which 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.
April 1, 2013. Valle del Sol v. Arizona, 9th Circuit, No. 12-17152. Arizona's Letter Brief Complying with the Court's March 25, 2013 Order. Letter explains (1) the reference in Ariz. Rev. Stat. Ann. sec. 13-2929 to "a person who is in violation of a criminal offense" and (2) the reference in Arizona's Opening Brief stating "she violates another criminal offense."
April 2, 2013. Valle del Sol v. State of Arizona, 9th Circuit, No. 12-17152. Argued and submitted to Judges John T. Noonan, Richard A. Paez and Carlos T. Bea.
April 12, 2013. Valle del Sol v. State of Arizona, 9th Circuit, No. 12-17152. Order. The parties are directed to file simultaneous briefs addressing whether Ariz. Rev. Stat. 13-2929, which applies only to a person who is in violation of a criminal offense, is so incomprehensible as to be void-for-vagueness under the Due Process Clause of the 14th Amendment. The supplemental briefs shall not exceed 15 pages in length, and shall be filed within 14 days of the filing of this order.
May 10, 2013. Valle del Sol v. State of Arizona, 9th Circuit, No. 12-17152. Appellants' Supplemental Brief Regarding the Due Process Clause of the Fourteenth Amendment.
May 10, 2013. Valle del Sol v. State of Arizona, 9th Circuit, No. 12-17152. Supplemental Brief of Plaintiffs-Appellees.
The Arizona Republic has compiled a fairly comprehensive list of cities & organizations that have boycotted (forbid travel to and/or business with) Arizona.
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