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2010-08-06 12:02:20

A U.S. judge in Arizona has put key parts of the border state's tough new immigration law on hold before it is due to rer come into effect on Thursday.

The U.S. Justice Department had argued provisions of the law encroached on federal authority over immigration policy and enforcement.

Here are some scenarios for what could happen next:

Arizona's Republican Governor Jan Brewer said the state plans to file an expedited appeal with the U.S. Court of Appeals for the Ninth Circuit seeking to lift the injunction against the immigration law.

The appeals court, based in San Francisco, could consider whether to lift the injunction and let the full law go into effect or request legal briefs and arguments from both sides before ruling on Arizona's request.

It was not clear how quickly Arizona would move to file its appeal. Regardless of how the appeals court rules, either side could then appeal that decision to the U.S. Supreme Court.

While Judge Susan Bolton granted a preliminary injunction against the Arizona law, she did so on the grounds that she believes the Obama administration would ultimately succeed on the merits of the case when presented in court.

Therefore, Bolton would still need to hear arguments from both sides on the merits of the federal government's challenge, requiring lengthy legal briefs, and likely hear oral arguments, a process that can take months.

Either side could then appeal to the Ninth Circuit and ultimately the Supreme Court.
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