Court Agrees to Rule Swiftly on Prop. 187

A federal appeals court Thursday granted a state request that it issue a swift ruling on whether to allow Proposition 187 to take effect immediately.

If a U.S. 9th Circuit Court of Appeals panel agrees next month to lift the federal preliminary injunction, the sweeping illegal immigration initiative could take effect during the weeks or months before a full-blown federal trial aimed at determining the measure’s constitutionality.

“We’re happy the court agreed to our request,” said Matt Ross, a spokesman for the attorney general’s office.

But both sides in the legal turmoil acknowledged Thursday that the Court of Appeals will exercise a stringent legal standard in determining whether to overturn the injunction issued by U.S. District Court Judge Mariana R. Pfaelzer in the wake of overwhelming voter approval of Proposition 187 in November. To lift the injunction, the appeals panel must decide that Pfaelzer abused her discretion or relied on an erroneous legal premise.

“We think we can meet that standard,” Ross said.

Foes of Proposition 187 opposed an expedited appeal, contending that it was unnecessary in light of Pfaelzer’s plan to hold a trial no later than September on the initiative’s constitutionality.