Arizona Republic:  “Maricopa County Sheriff Joe Arpaio, Pinal County Sheriff Paul Babeu and Cochise County Sheriff Larry Dever seemed surprised and encouraged by some of the comments three 9th U.S. Circuit Court of Appeals judges made during a hearing Monday over Senate Bill 1070.”

See the LA Times story called “Judicial panel selected to review Arizona immigration law” and another Arizona Republic story called “Immigration-law fight far from over as Appeals Court considers injunction.”  The Washington Post also covered the hearing: “Judge questions Justice Department’s lawsuit against Arizona immigration law,” which quotes one of the 9th Circuit judges as saying this to the attorney representing the United States:

“”I’ve read your brief, I’ve read the District Court opinion, I’ve heard your interchange with my two colleagues, and I don’t understand your argument.  We are dependent as a court on counsel being responsive. . . . You keep saying the problem is that a state officer is told to do something. That’s not a matter of preemption. . . . I would think the proper thing to do is to concede that this is a point where you don’t have an argument.”