The on again off again Texas immigration law.

How many stays of stays and which stay of which court rules the day?

The Texas law that allows Texas law enforcement to arrest illegal immigrants has gone back and forth like a ping pong ball. It was okayed, then put on hold, then stayed, then the USSC continued the stay, then it ran out, and then finally they overturned the stay putting the law back in place, and now the fifth circuit is hearing arguments...

wait for it...

Tomorrow.

Yep, they will be waiting less than 24 hours to readdress the issue of the USSC ruling that it removed the stay due to mainly procedural reasons. I guess they will have to look into the procedural issues that was brought up by the court and seem to be in quite a bit of a hurry to do so. I guess we could see the stay put back on by the fifth circuit court if things move into that direction tomorrow or not. But either way, it guarantees another trip back to the USSC and it is unlikely even at that point that they will be addressing the merits.

On the flip side the 6-3 decision (and the concurrence by Coney Barrett) suggests that reasons for overturning the stay follow the logic that there is more potential harm being done if Texas is not allowed to enforce their law than harm if they are allowed to. I am not sure that the fifth circuit court will want to try to argue that logic, but who knows these days.

Either way, we might still be a while waiting for the USSC to enter a final ruling on the merits of the case. Will they be persuaded by the idea of immigration being completely a Federal issue, or will they be swayed by the argument from Texas that States are allowed to pass mirror laws to the Federal laws and then work to enforce those laws in unity with Federal laws enforcement. Certainly there is tons of overlap in many other areas of the law where things are both illegal at a state and federal level.

Why should immigration be any different? Hmmmm....