SAN FRANCISCO -- Arizona's governor had hoped her immigration crackdown would begin this week, but after a judge in Phoenix issued an injunction, the battle over the law moves to San Francisco.

On Friday, the Ninth Circuit Court of Appeals in San Francisco turned down the governor's request to expedite the case scheduling testimony for the first week of November.

Considering how this court has waded into gay rights, medical marijuana, religion in the classroom, illegal immigration is right in line with Ninth Circuit history.

Arizona's governor, Jan Brewer, predicted a long battle to the U.S. Supreme Court.

"We were disappointed, but we didn't lose, they got the injunction. It still means the lawsuit will continue to move forward and the merits of the case will be heard," said Brewer.

But first, the injunction against the key provisions comes to the Ninth Circuit court of appeals, its hub in San Francisco, its judges spread across several states.

"Well it's the biggest circuit by far, and we've got a lot of action on the west coast, so it's not surprising that the ninth circuit is as controversial as it is," said Jesse Choper, professor at UC Berkeley Boalt Law School.

Historically considered a left leaning court, that's gradually eased, and in this first appeal stage, only three judges hear arguments. "It all depends on who the three judges are, they're certainly not short of some very conservatives judges," said Choper. Their ruling can be appealed to an eleven judge panel, even more diverse.

Arizona will argue that the federal government is unwilling or unable to enforce immigration law, so states must act.