The U.S. Supreme Court denied Biden administration’s request to block S.B. 4, but an appeals court later restored an injunction against the measure.
Judge Andrew Oldham, an appointee of President Donald Trump, dissented. Oldham argued that preserving the “status quo” in the case called for allowing the law to go into effect because the injunction had the effect of altering the normal legislative process. “As always, it’s my honor to defend Texas and its sovereignty, and to lead us to victory in court,” Paxton said.
Justice Sonia Sotomayor, in a dissent joined by Justice Ketanji Brown Jackson, called “unreasoned” the appeals court’s decision to allow the law to take effect. Sotomayor said the Texas statute would invite “further chaos and crisis at the border.” Kagan wrote separately to say the Texas law intruded on “matters long thought the special province of the Federal Government.” She saw no reason to wait for further action by the appeals court.
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