Wednesday, June 19, 2024

An Iowa USDC Judge Has Enjoined A Measure Much Like Texas SB-4, So USDC Judge Ezra In West Texas Just Made The Fifth Circuit Aware Of This...


Technically, the able Senior Judge Ezra let the parties -- the State of Texas, and various agencies of the federal government know that he has read the Iowa decision / opinion.

But the import is unmistakable: with the Fifth Circuit having upheld the injunction against SB-4, out of Texas previously, he wanted the courts and the parties to know that the Eighth Circuit is likely also to enjoin the Iowa version of this nonsense. Here's a bit -- but do read the full 27 pager:

. . .The crucial question is whose interest prevails in a situation where the United States and State of Iowa are on opposite sides of the case, as both sides can credibly claim injury to the public when they are enjoined from executing their respective laws as they see fit. See Texas, 97 F.4th at 295-96 (recognizing that both the United States and Texas face potential irreparable harm). The Fifth Circuit held that in the areas of immigration and foreign affairs, it is the federal interest that prevails, as “ state and local interests are subservient to those of the nation at large.” Id. at 296 (citing Hines v.Davidowitz, 312 U.S. 52 , 63–64 (1941)). The Fourth and Eleventh Circuits agree. . . .

The United States and Iowa MMJ Plaintiffs have established a likelihood of success on the merits of their position that federal immigration law preempts Senate File 2340 under both conflict and field preemption. For this reason, and because the remaining preliminary injunction factors also weigh in favor of injunctive relief, the Court GRANTS the motions for preliminary injunction filed by the United States and Iowa MMJ Plaintiffs in their respective cases. Defendants are hereby ENJOINED from enforcing Senate File 2340 pending further proceedings.

IT IS SO ORDERED.

Dated: June 17, 2024. . . .


This is indeed fitting fodder for a Juneteenth morning, out of West Texas. Onward.

नमस्ते

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