The Supreme Court had finally granted its approval that a Texas law directing police officers to arrest illegal aliens was constitutionally compliant.
But in an 11th hour gambit, a federal appeals court contrived a way to once more block the Texas law into going into effect, mere hours after the Supreme Court had authorized the measure to be implemented.
The federal appeals court contrived a procedural trick to undermine the Supreme Court’s judgment prolonging Biden’s unimpeded border invasion in the Lone Star state.
On late Tuesday night, hours after the Supreme Court vacated a lower court stay against Texas Senate Bill 4 by a vote of 6-3, the U.S. Court of Appeals for the 5th Circuit announced that it would evaluate the Biden administration’s lawsuit against the law on Wednesday morning. A majority on that panel voted in advance of oral arguments to once more halt the implementation of the law while the legal process unfolds.
The order of the majority dissolves a “administrative stay” imposed by a distinct panel on March 2, thereby reinstating the injunction against SB 4 without delay.
“Oral argument is scheduled on March 20, 2024, to consider the Appellants’ Motion to Stay Preliminary Injunction Pending Appeal. A majority of the panel has concluded that the administrative stay entered by a motions panel on March 2, 2024, should be lifted,” the decision stated.
In dissenting with two other justices, Circuit Judge Andrew Oldham cited the Supreme Court’s order from several hours prior, which had authorized the law to be implemented.
“Earlier today, the Supreme Court of the United States restored an administrative stay so our panel could review the State’s request for emergency relief under Federal Rule of Appellate Procedure,” Oldham noted, adding, “I would leave that stay in place pending tomorrow’s oral argument on the question.”
In December 2023, Senate Bill 4 granted the Texas state police the power to apprehend individuals on immigration-related offenses. Prior to this, this authority had been exclusive to federal law enforcement, as immigration violations theoretically fell under the purview of federal legislation rather than state legislation. It also authorized local judges to order the deportation of detained individuals from the United States.
Justice Amy Coney Barrett and Justice Brett Kavanaugh both signed a concurrence in support of the high court’s decision, which provided additional context for the majority’s order. Both justices concurred that the prior decision of the 5th Circuit “places this case in an extremely unusual procedural position” and cautioned that the appeals court should render a final decision as soon as possible.
“If a decision does not issue soon, the applicants may return to this court,” Barrett wrote.
SB 4 will remain suspended until the panel renders its decision, while oral arguments are scheduled on Wednesday morning at 11:00 a.m. Eastern. When the justices will render a decision following these oral arguments is unclear.
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