FILE – Migrants who crossed the Rio Grande and entered the U.S. from Mexico are lined up for processing by U.S. Customs and Border Protection, Sept. 23, 2023, in Eagle Pass, Texas. A divided Supreme Court on Tuesday, March 19, 2024, lifted a stay on a Texas law that gives police broad powers to arrest migrants suspected of crossing the border illegally, while a legal battle over immigration authority plays out.
Wednesday’s arguments centered around an on-again-off-again effort to let local authorities in Texas arrest migrants suspected of illegally crossing the border. But that’s just the latest immigration case to come before the 5th Circuit — and just the latest in a series of hot-button issues. Cases are typically heard by panels of three randomly assigned judges. But the full 17-member 5th Circuit court can vote to reconsider a panel’s decision, maintaining conservatives’ dominance. The Supreme Court has the final say, and although it it is also dominated by conservatives, it has tempered or reversed certain 5th Circuit decisions.
Just last week, a 5th Circuit panel ruled that Texas can keep requiring minors to get parental consent to obtain birth control without running afoul of a federally funded pregnancy health program. The Biden administration had argued that Title X preempts the Texas parental consent requirement.
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