Wednesday, August 4, 2021
CNN reports that a federal judge has temporarily blocked Texas Governor Greg Abbott from implementing an executive order targeting the transportation of migrants. Issued last week, the order was framed as a public health response to COVID-19. The Justice Department sued, claiming that the order violates the Constitution's Supremacy Clause. Governor Abbott should re-read the Supreme Court's 2012 decision in Arizona v. United States, which invalidated most of Arizona's effort at immigration enforcement (S.B. 1070) as intruding on the federal power to regulate immigration.
In a brief order granting a temporary restraining order (TRO), Judge Kathleen Cardone, appointed by President George W. Bush, ruled that the U.S. government is "likely to prevail" on its claims that the order violates the Supremacy Clause and found that executive order causes "irreparable injury" to the United States and to individuals. The court will hold a hearing on a preliminary injunction on August 13.