It seems as though the Obama Justice Department, headed by Attorney General Eric Holder, is getting a bit nervous the Supreme Court of the United States may rule in favor of Arizona over anti-illegal immigration law SB 1070. The DOJ is urging justices not to take up the case:
The Justice Department on Thursday urged the Supreme Court to stay out of a lawsuit involving Arizona's immigration law, saying lower courts properly blocked tough provisions targeting illegal immigrants.
The state law is a challenge to federal policy and is designed to establish Arizona's own immigration policy, the department's solicitor general said in a filing with the justices. Arizona says the law is an effort to cooperate with the federal government.
One provision requires that police, while enforcing other laws, question a person's immigration status if officers suspect they are in the country illegally. In April, a three-judge panel of the 9th Circuit U.S. Court of Appeals in San Francisco upheld a federal judge's ruling halting enforcement of that and other key provisions in the Arizona law.
Arizona Gov. Jan Brewer is seeking to overturn the judge's decision and wants Supreme Court review of the case, arguing that the issues are of compelling, nationwide importance.
The Justice Department disagreed.
"That several states have recently adopted new laws in this important area is not a sufficient reason for this court to grant review" of the first appeals court decision affirming a judge's preliminary ruling against part of one of those state laws, Justice told the high court.
On Tuesday, Holder boasted about his efforts to sue states trying to get their illegal immigration problem under control during testimony on Capitol Hill.