The Supremes’ “Time Out, on Texas SB-4” expires on March 14, 2024. But by then, the Fifth Circuit will have begun expedited processes to hear argument. And until it publishes a decision, SB-4 will remain in limbo.
Chalk one more up — for sanity.
From the Fifth Circuit papers filed tonight, then:
…For 150 years, the Supreme Court has been clear that no state can create an immigration system of its own. S.B. 4 defies this principle. It authorizes state officials to criminally punish people for that state officials determine to be an unlawful entry into the United States and unilaterally order people removed to Mexico. And it does so irrespective of the federal government’s view or the non-citizen’s federal statutory rights to remain in this country….
In S.B. 4, Texas has established a new state immigration system that entirely bypasses Congress’s comprehensive statutes. Texas has regulated and criminalized entry into the United States; chosen for itself who will be permitted to remain in the country, what statuses will qualify as defenses to removal, and what procedures will apply; and claimed the power to deport noncitizens by ordering them to depart the United States on pain of severe additional punishment. But immigration is an exclusively federal power, and Congress has long occupied the field of entry and removal. Thus, as the district court held, S.B. 4 is field preempted….
DAMN.
Who is this feckless would-be dotard — named Abbott?
Onward, Grinning.
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