LogFAQs > #979455228

another "banger" 6-3 from the "originalist" scotus

https://www.nbcnews.com/politics/supreme-court/supreme-court-allows-texas-enforce-immigration-law-rcna142971

Despite the text of the actual Constitution, along with centuries of SCOTUS precedent, making clear that it is the federal government that decides immigration enforcement and not states this Court has decided - 6-3 of course - that "actually, sure, Texas can run its own immigration policy in defiance of and against the wishes of the federal government."

Technically they have not ruled on the legality of Texas's law, but they have decided that it may go into effect while it is being challenged in Court - overturning a federal district Court that stayed it while it was working its way through the system. The Fifth Circuit (of course) overturned that decision without explanation.

The craziest thing here though, IMO, is that Barrett writes an opinion (joined by Kavanaugh; the other 4 in the majority say nothing) that basically says "The Fifth Circuit sure is acting very unusually here and not going through the normal process here. ...But the solution to this behavior is to reward it and let their intended effect go through." So you have 5 justices basically going "Fifth Circuit sus" but then 2 of them go "but it's a sus we like so it's cool" and ruling in their favor.