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SB 1070 challenge proceeds

Oct. 12, 2010 at 4:56 PM

PHOENIX, Oct. 12 (UPI) -- A lawsuit challenging the constitutionality of Arizona's immigration law will proceed despite motions filed on behalf of Gov. Jan Brewer, a federal judge ruled.

U.S. District Judge Susan Bolton issued a detailed ruling Friday dismissing motions by Brewer, Maricopa County Sheriff Joe Arpaio and Pinal County Sheriff Paul Babeu allowing the lawsuit to proceed, The Arizona Republic reported Tuesday.

Bolton found merits in arguments forwarded by the plaintiffs, Friendly House and the American Civil Liberties Union, saying portions of the controversial law may violate the Fourth and 14th amendments to the U.S. Constitution.

The Fourth Amendment prohibits unreasonable search and seizure. The 14th Amendment, which includes the "equal protection clause," forbids unequal treatment for different classes of people or racial discrimination.

Bolton ruled the plaintiff's request for an injunction was moot since a stay has been in effect since July when a separate lawsuit was brought against SB 1070 by the Justice Department, the Republic said.

The judge did grant several of the governor's motions.

"Although not every ground for every claim has survived the motion to dismiss, the major claims are alive at this point," said Omar Jadwat, who argued the case before Bolton on behalf of the ACLU.

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