Relying on procedure rather than substance, the U.S. Supreme Court vacated its stay from yesterday, allowing Texas to enforce its new immigration law, SB 4. Essentially, the SCOTUS said it’s not in their purview to consider the merits of the 5th Circuit’s stay because the 5th Circuit used an administrative stay rather than a stay pending appeal. See the full concurring opinion along with two dissenting opinions below:
The U.S. 5th Circuit Court of Appeals is scheduled to hear oral arguments in the case on Wednesday, March 20, 2024. The 5th Circuit on March 2, 2024 ordered a temporary administrative stay overturning the U.S. District Court’s preliminary injunction barring the enforcement of S.B. 4.
Full Court Press 