🚨 SB 4 is back on hold. 5th Circuit dissolves stay on Preliminary Injunction

[Nevilledog]

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Chris “Law Dork” Geidner
@chrisgeidner
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BREAKING UPDATE: SB4 is, yet again, on hold, by a 2-1 order of the Fifth Circuit panel hearing Wednesday's oral arguments. Oldham dissents. Background: https://lawdork.com/p/scotus-texas-sb4-immigration-law-shadow-docket
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Chris “Law Dork” Geidner
@chrisgeidner
UPDATE: SCOTUS issues Texas SB4 order, Fifth Circuit goes Zoom. https://lawdork.com/p/scotus-texas-sb4-immigration-law-shadow-docket
[Update, 6:30 p.m.: Following the Supreme Court’s Tuesday order in the S.B. 4 litigation, the Fifth Circuit announced that it would be holding a Zoom argument on Texas’s motion for a stay pending appeal at 10 a.m. CT Wednesday, March 20.

Although it’s a positive sign that the appeals court does appear to have seen Barrett’s message, the likely result here is that the merits panel considers the motion and ends the administrative stay by granting or denying the request for a stay pending appeal, which then leads the losing party right back to the Supreme Court asking for relief on the shadow docket.

According to the case’s docket, the panel hearing the arguments on Wednesday will be Chief Judge Priscilla Richman, a George W. Bush appointee; Andy Oldham, a Trump appointee; and Irma Ramirez, a Biden appointee.]

[Nevilledog]

1. SB4 Timeline

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Steve Vladeck
@steve_vladeck
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#SB4 Timeline:

Before 4:00 CT yesterday: Not in effect.

From 4:00 to 4:04: In effect.

From 4:04 yesterday to 1:05 today: Not in effect.

From 1:05 today to 9:44 tonight: In effect.

Currently: Not in effect.

This is *no* way to run a railroad.
8:14 PM · Mar 19, 2024

[highplainsdem]

2. Beat me to it. I was going to post Steve Vladek's thread:

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[Nevilledog]

3. It's procedurally convoluted so I was glad he did the simple timeline

[Matthew28]

4. how does a circuit court

stop a order from the supreme court?

[Nevilledog]

5. There has been no decision on the merits of the law at the 5th Circuit

Here's more of the procedural history from Chris Geidner:

[Texasgal]

6. This whole thing is a joke!

Abbott is a moron! Our cities do not care, and we do not have the manpower to enforce this ridiculous bullshit!

[LetMyPeopleVote]

7. Appeals court blocks Texas immigration law shortly after Supreme Court action

The decision comes just hours after the Supreme Court said the measure, known as SB4, could go into effect while litigation continues.

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https://www.nbcnews.com/politics/immigration/appeals-court-blocks-texas-immigration-law-supreme-court-action-rcna144193

A federal appeals court on Tuesday night ordered that a contentious new Texas immigration law be paused just hours after the Supreme Court said it could go into effect.

A three-judge panel of the New Orleans-based 5th U.S. Circuit Court of Appeals split 2-1 in saying in a brief order that the measure, known as SB4, should be blocked. The same court is hearing arguments Wednesday morning on the issue.....

The appeals court appeared to be taking the hint from the Supreme Court, which in rejecting an emergency application filed by the Biden administration put the onus on the appeals court to act quickly.

"If a decision does not issue soon, the applicants may return to this court,” conservative Justice Amy Coney Barrett wrote in a separate opinion joined by fellow conservative Justice Brett Kavanaugh.