Fifth Circuit Halts S.B. 4, for now

The Fifth Circuit lifted its earlier administrative stay, allowing Texas's S.B. 4 to go into effect, at least for now. The move came shortly after the Supreme Court allowed the administrative stay to remain in place, thus allowing Texas to enforce S.B. 4, at least temporarily.

The back and forth is all preliminary. The Fifth Circuit will hear oral arguments tomorrow, March 20, on the state's motion to stay the district court injunction against S.B. 4 pending appeal. And even that's technically preliminary, even though the ruling on that motion will likely telegraph the court's ultimate ruling on the merits of S.B. 4.

Recall the district court enjoined enforcement of S.B. 4 and declined to stay the ruling pending appeal. The state moved the Fifth Circuit for a stay pending appeal (that's the motion that'll be heard tomorrow), but in the meantime issued an administrative stay. The Supreme Court yesterday left the administrative stay in place. Today's order by the Fifth Circuit lifts the administrative stay. Oral argument on the state's original motion for a stay pending appeal is tomorrow. Oral argument on the merits is April 3.