In papers filed with the 9th U.S. Circuit Court of Appeals Thursday, John Bouma, an attorney hired by Gov. Jan Brewer, said Congress always intended to "encourage state and local cooperation" in immigration enforcement, and countered the U.S. Justice Department's argument that SB1070 (Arizona's law) is pre-empted by federal law, the Arizona Daily Star reported.
Brewer's argument is that U.S. District Judge Susan Bolton "abused her discretion," used the wrong legal standard to make her decision and based it on plaintiffs' claims of hypothetical and speculative harm if SB1070 is enacted.
"We felt we were treated in a speculative manner," she told The Arizona Republic.
The Justice Department has until Sept. 23 to file its own arguments. The appellate court is to hear from both sides in the first week of November in San Francisco.