In an appeals court hearing for Texas' sweeping border security law, Texas' lawyer raised the hypothetical that the state perhaps 'went too far' in passing a la
"What Texas has done here is they have looked at the Supreme Court's precedent, and they have tried to develop a statute that goes up to the line of Supreme Court precedent, but allows Texas to protect the border," Solicitor General Aaron Neilson said Wednesday morning. "Now, to be fair, maybe Texas went too far. And that's the question this Court’s going to have to decide.
"What Texas has done here is they have looked at the Supreme Court's precedent, and they have tried to develop a statute that goes up to the line of Supreme Court precedent, but allows Texas to protect the border," Solicitor General Aaron Neilson said Wednesday morning. "Now, to be fair, maybe Texas went too far. And that's the question this Court’s going to have to decide.”
Those comments come as the Fifth Circuit Court of Appeals takes up Senate Bill 4 once again after the law went to the Supreme Court and back. The question before the appeals court, this time, was one of constitutionality.S.B. 4 would give Texas law enforcement officers the ability to detain undocumented migrants based solely on their immigration status, a power typically deferred to the federal government.
Just days before Wednesday's hearing, the same panel of judges ruled 2-1 to reject Texas' stay pending appeal, once again blocking S.B. 4 from taking effect. As such, many analysts have speculated that the Court likely would not rule differently after Wednesday's hearing. "Courts tend not to reverse themselves, and when we saw this case go back to the same appellate court, we knew that we were going to get a very similar ruling," Brian Smith, a political science professor at St. Edward's University, said. "I think the appellate court, really, is saying it’s up to the Supreme Court to really pick up the ball here and decide who is in charge of immigration, to what extent, and how much does the Supremacy Clause apply.
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