Yesterday we told you that the DOJ had prevailed in a federal court and that Texas was ordered to remove the floating barriers from the Rio Grande.

But the Fifth Circuit has just granted an emergency stay of that ruling, pending further order from the appellate court:

A U.S. Appeals Court granted the State of Texas an emergency stay on Thursday, allowing the state to keep the barriers it installed in the Rio Grande in place for now.

The development comes a day after a federal judge in Austin ordered the state of Texas to move the barriers to the riverbank on the Texas side of the river by Sept. 15. The state was also ordered not to put up any additional structures on or in the river until the final outcome of the lawsuit filed by the Department of Justice, according to the judge.

The state’s motion for a stay of the order has been granted “pending further order of the Court,” the Fifth Circuit Court of Appeals’ filing stated.

It is expected that the Fifth Circuit will hear full arguments from both sides on whether to keep or move the barriers from the Rio Grande River.

When a court grants an emergency stay like this, it’s typically a good sign. If the Fifth Circuit rules in Abbott’s favor on the floating barriers, the Supreme Court may choose not to take up an appeal and let the ruling stand. And that would be HUGE. But we’re a long way from that right now.