Friday, December 1, 2023

Update: The State Of Texas Now Wants A Largely Preposterous "Emergency" Injunction, For All The Same Dumb Reasons It Just Lost On, "Regular Way"... Yikes.


Well. . . this would just be. . . comical -- except that it wantonly wastes Texas taxpayer dollars on frivolous, vexatious motion practice.

The lawyers for Gov. Abbott now seek an emergency injunction, during its interlocutory appeal of the loss, yesterday. . . as to the very same injunction. Cra-cra.

USDC Judge Moses, and more importantly, the Fifth Circuit, will not grant it. The federal agencies' views on the matter, just now filed. . . will (as before) prevail:

. . .Texas’s requested injunction would also increase the chances of harm to migrants. Specifically, it would prevent Border Patrol from being proactive to avert emergency situations before they arise. Given Texas’s own acknowledgement that “human life is paramount,” Hr’g Tr. at 28, ECF No. 37, and that “[p]rotection of life is first,” id. at 79, it is difficult to understand how insignificant costs in Operation Lone Star’s multi-billion dollar budget override those interests. See Defs.’ Supp. Br. at 15 n.4. . . .

[Moreover,] the costs to Texas of having to repair cut wire [Ed. Note: in the highly unlikely event that Texas wins in the Fifth Circuit -- estimated at under $1,000] are significantly less weighty than the harms to the federal government from an injunction impairing its ability to enforce the immigration laws and prevent loss of life. Moreover, Defendants were seeking the restoration of the status quo -- not a limitation on the other party’s conduct, see Boire v. Pilot Freight Carriers, Inc., 515 F.2d 1185, 1194 (5th Cir. 1975) (“[T]he status quo to be preserved is the last uncontested status which preceded the pending controversy.”). . . .


Now you know. The "more common than thought rocky worlds around larger solar mass disks" discussion will wait for a more sanguine Saturday morning now. Smile.

नमस्ते

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