Wednesday, November 15, 2023

An Interesting, no matter the outcome, Texas Immigration Law

This will be interesting. Texas just passed a law that allows Texas and local Texan cities to arrest and deport people coming over the border from Mexico. Not so much the law is fascinating, it is unconstitutional on the face of it. But where will various Judges line up here?

This will obviously be challenged. It will be challenged in Federal Court as it violates federal law. But a single very MAGA Trump Judge will probably get it first. He has ruled and then been overturned by higher courts often. 

  • He ruled that the abortion drugs, used for decades, are somehow illegal (overturned). 
  • He ruled that the Navy Seals could not require vaccinations for COVID-19 (overturned).  
  • He upheld the Muslim Ban (overturned twice). 
  • He okayed the floating spiked barriers that have killed multiple undocumented immigrants attempting a crossing.

He will not stop this law.

The question is, what will the Supreme Court do when it gets to them? When faced with the clearly illegal 6-week abortion limits, the Supreme Court let it "stand" until they decided on Roe V Wade. The law was explicitly unconstitutional, but the Supreme Court was a-ok with this. This law is also unconstitutional. Will the Court strike it down? Or will they let it stand until they decide the issue (at least 8 months from now)?

If they let it stand, even temporarily, other states will grant themselves the same power. It might turn out to be too popular by then to overturn it. And we have seen this court tie itself into knots to rule unconstitutional laws are, in fact, Constitutional.

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