We mentioned last week that the actual Fifth Circuit opinion, when read carefully. . . said very little, and held even less -- as a matter of black letter law.
But it was dressed up -- in over 30 pages of political rhetoric -- to assuage the precious feelings of the MAGA-TX base.
So it claimed to affirm a broad injunction for the frothy right, but in fact actually said that the preliminary injunction only applied where lots of other, easier ways (other than cutting the concertina wire) existed, to preserve human life, and patrol the international borderlands (as is the exclusive province of the federal government).
The "speechifying" parts of the opinion are so obtuse, as to lead the able US Attorneys representing Border Patrol to write the panel directly yesterday -- to ask for a single clear sentence, that Border Patrol is in fact FREE to cut the land razor wire fencing in emergent situations, around Shelby Park.
See that letter here. I cannot recall another time, in the last 50 years, when Border Patrol felt compelled to "write back" -- to a Court of Appeals, to ask. . . "Just what does all this extra verbiage mean, if anything?" But this is the time of Tangerine, again. So do expect more of it. Damn.
To be certain, I don't expect the Fifth will answer the feds. But the Supremes ultimately. . . will.
They will strike the purported injunction, altogether.
Onward, grinning. See ya' in the funny papers, Gov. Abbott and you "Operation Lone Star" loons.
नमस्ते
Thursday, December 5, 2024
Here's Why Using A Fifth Cir. Opinion, As A "Political Manifesto"... Is A (Very) Stupid Idea: Texas' Land Razor Wire Case
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4 comments:
I don't think the Supremes get the case. Tangerine's new DOJ won't be appealing the decision
I do hear you -- but Mr. Biden's DoJ can (and likely will, given the importance of the federalism principles involved) file a petition for certorari, long before January 2025. They can file next week, even. Then the DoJ (Tangerine version) may decide not to brief it, but the Supremes (Kagan, Sotomayer or Jackson) will be free to appoint a special counsel (of their choosing) to brief it, in that case.
It is extremely unlikely that four justices will not vote to hear the case (I predict Gorsuch will join the liberal three, there -- and maybe Roberts, as well).
Namaste. . . my friend.
But we shall see.
Filing a cert. petition largely takes it out of Tangerine's hands.
I sure hope you are right....I'm just losing faith
And to be sure -- I lie awake some nights. . . thinking about all the ways he's going to set the causes of human- and civil- rights backward. But I do think the DoJ will file for cert. before the New Year...
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