On Tuesday, a three-judge panel of the Court of Appeals for the Fifth Circuit denied a request by the state of Texas to stay a district court preliminary injunction that blocks the state from implementing Senate Bill 4, a law that criminalizes illegal entries into the state over an international border.
The day Judge Ezra issued his order, Texas filed a notice of appeal with the Fifth Circuit, and on March 2, a three-judge panel of the Fifth Circuit issued a temporary administrative stay of Judge Ezra's preliminary injunction.
DOJ filed an application with Justice Alito as the circuit justice for the Fifth Circuit to vacate the circuit panel's administrative stay, in response to which the justice himself administratively stayed the circuit court's administrative stay three times over a two-week period to allow his fellow justices to consider the parties' arguments.
Again, absent that second Fifth Circuit order, Texas could have started arresting aliens caught illegally crossing the Rio Grande under SB 4 and sending at least some of them back across the border.
Which brings me to the March 26 denial by the current Fifth Circuit panel of Texas' request to stay Judge Ezra's preliminary injunction, pending the circuit court's full consideration of the state's appeal of that order.
The Fifth Circuit panel will hear Texas' appeal of Judge Ezra's preliminary injunction on April 3, and Judge Oldham for one is not optimistic, expecting the same 2-1 split that the state's request to stay that injunction garnered, and for the state's appeal of the preliminary injunction to be denied.
At that point, Texas would have three choices: allow the case to be sent back to Judge Ezra to rule on plaintiffs' motion for a permanent injunction; appeal the circuit panel's dismissal of its appeal to the Supreme Court; or seek rehearing of its appeal en banc, to all 17 judges on the Fifth Circuit.
https://cis.org/Arthur/Fifth-Circuit-Refuses-Stay-Injunction-Texas-Border-Law
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