[U] Texas Filed A Turgid, Self-Contradicting Mess Of 35 Pages, Before USDC Judge Tipton, Tonight…

I won’t say much more about it (other than the small paragraphs below), until the more sensible answers from RAICES and the Biden Administration are on file, next week. . . but it would seem the Biden strategy will be to get to a quick final decision, up or down, here — and then file its appeal.

These jokers down in Texas wait until the middle of their motion (at page 10 — of 195, including all the exhibits) to address standing. They finally get around to making the standing argument, in the course of arguing that Texas “spends some money” on services to/for people who may or may not have papers. . . (as does every other state, thus undercutting their claim of special injury — to establish standing), when AG Paxson openly — and entirely inexpicably — lays out some US Supreme Court cases. . . holding that Texas MUST pay these costs, in any event under federal law. As must every state. So. . . boys: any cogent USDC Judge would FIRST ask “where is your standing (your concrete injury)?” This one seems to occur as a result of existing law. End of story. Here’s that page 10-11 bit:

. . .Indeed, Texas is required by federal law to incur some of these costs. For example, the Supreme Court has held that States are constitutionally obligated to provide free education to unlawfully present aliens. Plyler v. Doe, 457 U.S. 202 (1982). Similarly, Medicaid requires provision of emergency services, regardless of immigration status, as a condition of participation. See 42 U.S.C. § 1395dd; 42 C.F.R. § 440.255. . . .

The first nine pages were a largely falsified or misleading sermon on how bad people without papers are — arguing essentially that they are all dangerous criminals. YAWN. No surprise, as that seems to be all Judge Tipton wants to hear about. [Here’s the opinion (entered February 9, 2021) from Judge Tipton formally extending the TRO to February 23. It relies primarily on a Fifth Circuit case about a DACA TRO from 2015, that deadlocked at 4-4 in the Supremes, after Scalia’s death. Not a very strong — or even credible — attempt, at all.]

Soon enough, this entire case will be. . . appealed, and out of his hands — and Texas will lose.


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