19 Comments

What the actual fuck? I thought the Supreme Court was there to uphold the LAW, not whine and cry about administrative crap. These conservative strategic delays are causing a constitutional crisis! So Texas is going to round up a bunch of people (maybe not even check to see if they are documented) and dump them in Mexico, only for this to likely get struck down in the future and then what? Am I missing something? How can you 'temporarily' decide to ruin peoples' lives permanently?

Expand full comment

I envision Texas setting up roadblocks and literally pulling over every brown person. I also think many of these immigrants will actually be murdered by Texas law enforcement. Get ready for the white supremacist vigilantes to be out in Texas.

Expand full comment

This is my fear as well. They were already setting traps and drowning people at the border. It's truly not that big a leap.

Expand full comment

Chris,

Your expert analysis of the SC rulings including insights into the reasonings is priceless. Keep up. You are great. We are in this together.

Expand full comment

Pandora's Box writ huge. This'll come back to bite the Supremes in their collective, bloated asses.

Expand full comment

So, the reactionary right members of the supreme court have essentially deemed Texas to be an entity that can supersede federal law. It’s as if Texas is a stand alone country. We can expect this action to further embolden Texas to do whatever the hell they want. Federal government be damned.

Expand full comment

Everyday I'm more flabbergasted by the rightwing authoritarian approach of our entire judicial system.

the Extreme Court should be their name, not the Supreme Court.

We must get Supreme Court limits and expansion..... if not these Ultra conservative nationalists are going to ruin this country. We literally will not have any rights at all, especially women.

Get ready for vigilante " justice" in Texas. Roadblocks pulling over every single brown person.

Expand full comment

Geez. Terrible.

Expand full comment

So angry, yet again.

Expand full comment

Waiting for my governor, Sarah Huckabee Sanders, to

start her own border

enforcement. And then,

there's Florida, expecting a

wave of Haitians. SCOTUS

has definitely opened

Pandora's Box. There was 1

thing left in the bottom of the

box though, after all the

furies had flown out. That

was hope. Keep hoping

and working for a BLUE wave

so we can bring this court,

through legislation, to its

senses.

Thank you Chris for all the work and time you devote to

us.

Expand full comment
Mar 20·edited Mar 20

Okay, so Texas can remove non-citizens to Mexico. What if Mexico's army shoots back? Does Texas intend to wage war with Mexico? Is Texas expecting the US Army and USAF to come to its rescue?

Expand full comment

The substance of the law is hidden in the interstices of procedure. (Holmes, J. attrib.)

Well, there are other ways to play that game. The Article III Circuit Courts of Appeal and District courts are not the creatures of the Supreme Court, they creatures of Congress by setting them up in the first place, signing off on their judges in the second place, and rarely removing judges from office.

The current arrangement of the Circuit Courts and the District Courts that feed into them is not immutable. It doesn't even need to align with state boundaries or be geographically contiguous. (Or why don't Alaska and Hawaii have their own Circuit Courts of Appeals?)

Expand full comment

Can they deport those already granted asylum?

Expand full comment

Are they even going to keep records? As far as I know, the Trump admin didn't keep records when they were ripping kids away from their families.

Expand full comment

I just looked at the Statute. It only applies to those who entered someplace other than a Port of Entry. To answer my own question, it looks like having been granted Asylum or otherwise allowed in the US by the government. or being in the DACA program is an affirmative defense to the “crime” of being in Texas having crossed anywhere but a port of entry. I presume they won’t be arresting folks with visas. Also statute of limitations is two years for the misdemeanor level so it shouldn’t affect folks who’ve been here longer. The statute is Chapter 51 of the Texas code

It also looks like a trial is required before at least a magistrate. So this can also be called the Texas Judiciary Full Employment Act of 2023. I wonder if the speedy trial rule and right to counsel apply. If so, it is going to be a damn expensive bill for the Tx Taxpayers.

Expand full comment

O_O thank you so much for looking it up and translating. Texas seems allergic to writing comprehensive laws, so I guess we're just going to have to see what kind of chaos ensues. You'd think they'd be more concerned with using their oil money to fix their water and electric infrastructure, but I guess that's not as fun for the right-wing podcasters to talk about.

Expand full comment

It will be fun to see each state develop and implement and enforce its own immigration law now!

Expand full comment

???SCOTUS helping to lay the groundwork for Texas(and other states to secede??? Sure appears that way to me. Who needs the federal government? Certainly none of the 50 States and US Territories per SCOTUS decisions of the past 3.5 years.

No matter what, the revolution to finish the destruction of the former United States is well underway. Democracy is being undermined inch by inch by this SCOTUS.

Expand full comment

'Although it’s a positive sign that the appeals court does appear to have seen Barrett’s message, the likely result here is that the merits panel considers the motion and ends the administrative stay by granting or denying the request for a stay pending appeal, which then leads the losing party right back to the Supreme Court asking for relief on the shadow docket.'

This is just plain obscene.

Expand full comment