Yesterday, we told you about the latest on S.B. 4. Today, the U.S. Supreme Court has extended the stay until March 18, 2024. This pushes the earliest effective date of the new illegal immigration law to next Monday.
Updated Federal Court Activity Timeline
- February 29, 2024: The U.S. District Court for the Western District of Texas granted a preliminary injunction enjoining the enforcement of S.B. 4 because it violates the Supremacy Clause of the U.S. Constitution. Article VI, Clause 2 of the U.S. Constitution, the Supremacy Clause, establishes that the U.S. Constitution and any federal laws made pursuant to it constitute the supreme law of the land and thus take precedence over any conflicting state laws.
- March 2, 2024: The Fifth Circuit Court of Appeals ordered a temporary administrative stay overturning the District Court’s injunction. The Fifth Circuit, however, placed a seven-day stay on its administrative stay to give the federal government an opportunity to appeal this decision to the U.S. Supreme Court. The Fifth Circuit also stated that it will hear oral arguments on the constitutionality of S.B. 4 as soon as possible.
- March 4, 2024: The U.S. Supreme Court ordered an administrative stay on the Fifth Circuit’s order until 4:00 p.m. (CDT) on March 13, 2024. The Supreme Court further ordered Texas to submit a response by March 11.
- March 12, 2024: The U.S. Supreme Court extended the administrative stay on the Fifth Circuit’s order until 4:00 p.m. (CDT) on March 18, 2024.
Stay Tuned (and Save the Date)
TMCEC will continue to monitor this fluid situation and keep constituents apprised of updates. Mark your calendar! S.B. 4 and recent changes regarding the confidentiality of court work product information will be the focus of a special TMCEC Morning Coffee on Thursday, March 21st at 10:00 a.m. Additional information will be shared in the weeks and months ahead.
Full Court Press 