Tonight, the federal government has answered Texas, Louisiana and Missouri -- as the goofy Drew Tipton prepares for his supposed "trial" of this non-case on the merits. [Backgrounder, here.]
How droll. There is simply no triable issue of fact, here. No final agency decision. No command to violate any statute that reads "shall. . . ." And as soon as late February 2022, the Supremes will likely say so (but onward, Tipton presses -- lacking jurisdiction to hear -- let alone try -- any part of this "matter"). The notion that Judge Tipton craves the national political microphone, for a likely future run for elective office, seems plain beyond peradventure, here. The fact that he cannot accept that everyday, Border Patrol and ICE make case-by-case decisions on priorities -- and instead wishes to conflate the Biden memo into some command to never inderdict any class of undocumented people inside Texas. . . is pure "Renfield in the dungeon"-style lunacy.
Soon enough, the curtain will fall, and remove him from the stage. Soon enough -- he will be just another Trump appointed unqualified hack (but one the people of Texas will be stuck with, potentially for life). Here is the latest from the able Administration AG offices:
. . .The government requested that the Court grant certiorari and hear the case this Term. Petition for Writ of Certiorari at 32, Biden v. Texas, No. 21-954. The Supreme Court recently rejected the request of Texas and Missouri for an additional month to file a response to the government’s petition. The Supreme Court may, therefore, consider the government’s petition as early as at their February 18, 2022 conference. . . .
[T]he September Guidance authorizes the exercise of discretion on a case-by-case basis based on the totality of the circumstances. See September Guidance at 3 (rejecting “bright lines or categories” and instead “requir[ing] an assessment of the individual and totality of the facts and circumstances” to determine whether a noncitizen is a threat to public safety); id. at 4 (DHS “personnel should evaluate the totality of the facts and circumstances and exercise their judgment accordingly” when determining if a noncitizen poses a threat to border security). The September Guidance is the quintessential nonbinding priority memorandum that [even the ultra-conservative] Fifth Circuit opined would not be final agency action under the APA. MPP Op., 20 F.4th at 986. This Court therefore lacks jurisdiction to hear Plaintiffs’ APA challenge. . . .
It's been a white-out blizzard here since early morning, in the figurative, and literal senses -- and I am grinning ear to ear about it. Do avoid those ice storms -- stay safely ensconced, now through Thursday into Friday. Stay safe -- loved all the visits -- and know as ever, that I hold thee, and preciously so.
नमस्ते
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