Texas Republican Gov. Greg Abbott may be a grandstanding demagogue, but he is no dummy. He knew exactly what he was doing, legally and politically, when he signed Senate Bill 4 into law last December, empowering the state to set up its own deportation system for undocumented immigrants. SB 4 makes it a state crime to cross the Texas-Mexico border other than at official ports of entry.
”The question arises: Could Antonin Scalia, the famed right-wing judicial “originalist” who died in 2016, rise from the grave and provide constitutional cover for SB 4? The answer depends on the current Supreme Court’s willingness to overturn or significantly modify its holding in Arizona v. United States.
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