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On 3/19/2024 9:44 PM, AlleyCat wrote:

Supreme Court Lets Texas Enforce Law Allowing Police To Arrest Illegal Immigrants

The Supreme Court allowed Texas' law enabling local police to arrest illegal migrants to take effect Tuesday.

After extending a pause on the law multiple times, the Supreme Court allowed Texas' SB 4 to take effect Tuesday, declining the Biden administration's effort
to halt it while litigation continues. The Department of Justice (DOJ) first filed its lawsuit against Texas to prevent enforcement of the law in January.

"The Court gives a green light to a law that will upend the longstanding federal-state balance of power and sow chaos, when the only court to consider the law concluded that it is likely unconstitutional," Justice Sonia Sotomyaor
wrote in a dissent joined by Justice Ketanji Brown Jackson. "This law implicates serious issues that are subject to ongoing political debate, and Texas's novel scheme requires careful and reasoned consideration in the courts
to determine which provisions may be unconstitutional."

Justice Elena Kagan also wrote in a dissent that she would not have allowed the
law to take effect.

U.S. District Court Judge David Alan Ezra, a Reagan appointee, blocked Texas' law from taking effect in February, finding it "threatens the fundamental notion that the United States must regulate immigration with one voice." The Fifth Circuit issued an administrative stay early March allowing the law to take effect while it considered the appeal, prompting the Biden administration
to file an emergency application with the Supreme Court. (RELATED: Federal Judge Blocks Texas Law That Would Allow Law Enforcement To Arrest Illegal Migrants)

"So far as I know, this Court has never reviewed the decision of a court of appeals to enter-or not enter-an administrative stay," Justice Amy Coney Barrett wrote in a concurrence joined by Justice Brett Kavanaugh. "I would not
get into the business."

"Texas's motion for a stay pending appeal was fully briefed in the Fifth Circuit by March 5, almost two weeks ago," Barrett wrote. "Merits briefing on Texas's challenge to the District Court's injunction of S. B. 4 is currently underway. If a decision does not issue soon, the applicants may return to this
Court."

Barrett is not happy with the 5th Circuit.

She emphasized her decision to not lift the stay was only because it was
an administrative stay, which is only supposed to be used for a week or
two to give the 5th Circuit more time to decide whether to issue a
longer stay pending appeal. She wants the 5th Circuit to act quickly
before addressing the merits of that potential longer stay.

The 5th Circuit got the message. They scheduled oral arguments for a
stay pending appeal for Wednesday morning, and blocked enforcement in
the meantime.

--- SoupGate-Win32 v1.05
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