Former Gov. Jan Brewer is not going to have to give the notes she used for her "Scorpions for Breakfast" book to groups challenging the controversial immigration law she signed — at least not now.
Much of the controversial SB 1070 already has been declared illegal. But the United States Supreme Court left in place a provision which says when police stop people they have to check their immigration status if there's reason to believe they're in the country illegally. Immigrant-rights groups are trying to have that overturned, saying it's unconstitutional because it was enacted out of animus toward Latinos rather than to curb illegal immigration.
Justin Cox of the American Civil Liberties Union said that's why challengers subpoenaed Brewer's book notes in a bid to make their case.
"Her book says that she was the one, her staff, was responsible for the language of SB 1070 and what it says and what it doesn't say," Cox said.
Cox said it's possible Brewer's claims are all political rhetoric and that the language really came from former state lawmaker Russell Pearce, who has responded to subpoenas.
"But if what she says is true, and we have to assume what she says in the book is true, then she was deeply involved and then therefore the documents that reflect that kind of involvement are relevant for the precise same reason that Russell Pearce's documents are relevant," Cox said.
But U.S. District Court Judge Susan Bolton disagreed and quashed the subpoena.
Cox said challengers may revisit the issue depending on what happens next in the lawsuit.