In the losing case to defend Texas SB-4, the Texas state lawyers (Paxton's boys) made the argument that the federal statutory rights to police the border are constrained by "equitable principles" in favor of the State of Texas (despite the fact that there has never been a case so holding, and no one can point to any such express authorization, from the United States Congress, in favor of any state, in this arena).
Texas pointed to other cases of equitable remedies (in wholly unrelated areas), in its argument. Charming.
So now the Fifth wants to have Texas expressly acknowledge that it does NOT apply to border matters (a proposition the feds set forth at great length a few weeks ago). So the Fifth wants new, post-argument letter briefs on the topic, by THIS Friday, thus:
. . .At oral argument in this matter, counsel for the State of Texas noted that Congress has statutorily authorized the United States to seek equitable relief. See, e.g., 15 U.S.C. § 4; 15 U.S.C. § 25; 15 U.S.C. § 78u(d)(5); 18 U.S.C. § 1345; 29 U.S.C. § 160(j); 42 U.S.C. § 1971(c); 42 U.S.C. § 2000a-3; 42 U.S.C. § 2000a-5; 42 U.S.C. § 2000e-6; 42 U.S.C. § 12188; 52 U.S.C. § 10308(d). Counsel are directed to file simultaneous letter briefs identifying all other instances of equitable remedies statutorily authorized in suits by the United States. Briefs are due at 5:00 p.m. on Friday, April 12, 2024. . . .
That's five elapsed days; four really, since the eclipse ate most of today. As my legacy graphics indicate -- the Supremes definitively decided this matter in 2013, when Arizona tried some similar BS. See the 2012 video from the ACLU, above.
And it seems plain that the court is telling AG Paxton he's wasting their scarce resources -- with patently wrong, non-logical -- stupid, in fact -- stretches of non-existent precedent. Perfect.
नमस्ते
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