The headlines are overreaching.
Here's the situation. Texas enacts law. US Government asks for injunction against law. Federal court looks at issue and decides a merit hearing is needed to discuss the injunction and issues an ADMINISTRATIVE injunction.
Texas appeals THAT injunction to the Supreme court, which slaps down the administrative injunction, telling the Federal court to hurry up the determination on the merits of the actual injunction.
The problem the district court is facing is that the merits of issuing an injunction is based in part on a rough determination of which side is LIKELY to prevail. But this is such an unusual case that the merit determination is practically a decision itself.
Because Texas's argument is going to be that the government is abdicating their responsibilities. That's a novel question, whether the federal government's supremacy still applies when it is actively choosing to ignore a problem that a state is willing to step up to do.
The headlines are overreaching.
Here's the situation. Texas enacts law. US Government asks for injunction against law. Federal court looks at issue and decides a merit hearing is needed to discuss the injunction and issues an ADMINISTRATIVE injunction.
Texas appeals THAT injunction to the Supreme court, which slaps down the administrative injunction, telling the Federal court to hurry up the determination on the merits of the actual injunction.
The problem the district court is facing is that the merits of issuing an injunction is based in part on a rough determination of which side is LIKELY to prevail. But this is such an unusual case that the merit determination is practically a decision itself.
The headlines are overreaching.
Here's the situation. Texas enacts law. US Government asks for injunction against law. Federal court looks at issue and decides a merit hearing is needed to discuss the injunction and issues an ADMINISTRATIVE injunction.
Texas appeals THAT injunction to the Supreme court, which slaps down the administrative injunction, telling the Federal court to hurry up the determination on the merits of the actual injunction.