Much ink is being spilled about the five conservatives not entering a stay.
I. Don't. Care.
What is actually important is that the nine Supremes broadly hinted that the states have no Article III standing to even be in court.
Something young Bruce Drew Tipton got laughably wrong, and the Fifth Circuit acting en banc, along political lines (majority both appointed and voted pro-GOP). . . just kicked up to the highest court.
Young Tipton will be a pure laughing stock at the Supremes, for having flunked Con. Law, First Semester.
Here's most pertinent part of the the order's actual text, effectively granting cert. on an expedited basis, this afternoon:
Don't let Faux News snow you -- not entering a stay is NOT deciding in favor of "no discretion" at the border. [What a bunch of. . . idiots.]
. . .Doing so, the petition is granted.
The parties are directed to brief and argue the following questions:
1. Whether the state plaintiffs have Article III standing to challenge the Department of Homeland Security’s Guidelines for the Enforcement of Civil Immigration Law; [and]
2. Whether the Guidelines are contrary to 8 U.S.C. §1226(c) or 8 U.S.C. §1231(a), or otherwise violate the Administrative Procedure Act; and 3. Whether 8 U.S.C. §1252(f)(1) prevents the entry of an order to “hold unlawful and set aside” the Guidelines under 5 U.S.C. §706(2).
The case will be set for argument in the first week of the December 2022 argument session.
Justice Sotomayor, Justice Kagan, Justice Barrett, and Justice Jackson would grant the application for stay. . . .
Now you know. . . grinning.
नमस्ते
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