Judge: Employer-sanctions law stands

Ruling allows hiring law to take effect Jan. 1; opponents vow challenge

Mary Jo Pitzl and Ronald J. Hansen
The Arizona Republic
Dec. 22, 2007 12:00 AM

Arizona's employer-sanctions law survived its second legal challenge Friday when a federal judge ruled the public would suffer the greater harm if the measure fails to take effect on schedule.

The decision by U.S. District Court Judge Neil V. Wake clears the way for the measure to become law in 10 days, on Jan. 1. Wake denied a request to block the law temporarily, pending further court hearings on whether it is constitutional.

In his ruling, Wake wrote that despite the business groups' arguments they would be harmed by the law, the greater harm would be to the general public if the law is blocked.

"The balance of harm tips sharply against plaintiffs, not in their favor," Wake wrote.