The Fifth Circuit has decided, tonight that it doesn't want to hear from Ken Paxton, just yet -- on his insurrection. [Was scheduled for February 8. No more.]
Hilarious. This is a very encouraging sign that the Fifth Circuit knows this will end badly for Abbott and Paxton, since the Supremes were so forcefully definitive, and Sphinx-like -- in not issuing an opinion to explain. That's. . . ominous, for these abominable razor wire barriers' future. Here's the bit:
. . .On January 2, 2024, the United States filed an emergency petition before the Supreme Court to vacate the motion panel’s injunction. See DHS v. Texas, 23A607. The parties’ briefing strenuously disputed various factual issues, many of which concerned matters arising after the motion panel’s injunction. On January 22, 2024, the Supreme Court vacated the injunction by a 5-4 ruling unaccompanied by written opinions. DHS v. Texas, 23A607, 2024 WL 222180 (Mem), at *1 (Jan. 22, 2024).
In light of those developments, the panel orders a limited remand to the district court for 60 days. The panel respectfully requests the district court to make additional fact findings concerning the matters contested by the parties and any other matters the district court deems relevant.
The panel leaves the form of the proceedings to the district court’s wise discretion. . . .
So, TXWD USDC Judge Moses is... back on the hot seat.
Will she be. . . up to it?
We shall see.
Out.
नमस्ते
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