On Monday, we brought you the news of the Supreme Court (via Justice Samuel Alito) extending its stay of a Fifth Circuit Court of Appeals ruling, which would have allowed Texas' SB4 to take effect while the court battle on the merits is waged. 

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On Hold: Justice Alito Extends Stay of Texas Immigration Law That Would Allow Detention of Illegals

The law, which is being challenged by the Biden administration and immigration groups, allows state law enforcement officers to arrest and detain those suspected of entering the country illegally. (Bear with me for this next part.) A federal district court judge entered an injunction in late February preventing the law from going into effect. Texas appealed that ruling to the Fifth Circuit, which issued an administrative stay of the district court ruling. But then the Biden administration and immigration groups appealed that to the Supreme Court, which placed its own temporary hold on the Fifth Circuit's ruling and then extended that hold twice, including on Monday. 

On Tuesday, the Supreme Court lifted its stay of the Fifth Circuit ruling, thereby allowing the law to go into effect while it works its way through the courts on the merits. Texas Attorney General Ken Paxton celebrated the win on social media. 

Texas Governor Greg Abbott also praised the decision. 

However, as Abbott rightly notes, this is just a preliminary (and procedural) ruling. The case still needs to be heard and decided on the merits at the Fifth Circuit (and then likely back at the Supreme Court). 

Also, as indicated, this was a 6-3 decision, with the court's liberal justices dissenting from the opinion, which may be viewed in its entirety below. 

This one's already a bit procedurally confusing, but to try to sum it up: 

Reading between the lines of the concurring and dissenting opinions, none of the justices who authored them are particularly enamored of the way the Fifth Circuit chose to handle this issue procedurally. Currently, the case is set for oral argument before the Fifth Circuit on April 3rd, but whether or not there will be some additional procedural wrangling (e.g., an attempt to prompt a formal stay pending appeal and further review of same) between now and then remains to be seen. 

Scotus - TX - Stay Lifted by Susie Moore on Scribd