This IS a watershed judgement call….
The Supreme’s have thrown the final call back down to a Appeals Court…
But?
In doing thisa they have NOT reinforced the Federal Governments sole authority….
The Law since the creation of the United States ….
Immigration enforcenment has been the sole function of the Federal Government….
Texas does NOT even have the ability to handle the hundreds and thousand’s of migrants they will encounter…
This IS a further acknowldhggement that America has NO ability to deal with Immigration at its Southern Border…
It is also an indication that the Right leaning High Court is strongly against Federal Government power……
“The Court gives a green light to a law that will upend the longstanding federal-state balance of power and sow chaos,” wrote Justice Sonia Sotomayor, joined by Justice Ketanji Brown Jackson. They noted that a lower court judge had concluded “that it is likely unconstitutional.”
The law, known as S.B. 4, makes it a state crime for migrants to illegally cross the border and allows Texas officials to deport undocumented individuals. It was passed last year amid a historic surge in border crossings — part of Gov. Greg Abbott’s (R) push to expand the state’s role in immigration enforcement, which historically has been a federal responsibility.
A lower court judge temporarily blocked the law, which was set to take effect on March 5, saying the statute is likely unconstitutional and “could open the door to each state passing its own version of immigration laws” and force the federal government to navigate a patchwork of regulations. But the U.S. Court of Appeals for the 5th Circuit quickly reversed that decision, without explanation, and said the law could be enforced unless the Supreme Court intervened….
…
Texas defended its law in part by invoking limited state war powers, suggesting the influx of immigrants is akin to the imminent danger of an invasion. A provision of the Constitution, which in general prohibits states from engaging in war, includes an exception for when a state is “actually invaded, or in such imminent danger as will not admit of delay.”…