Texas Files Emergency Motion For Stay In S.B. 8 Case
Less than 48 hours after a federal court enjoined S.B. 8, Texas has filed an emergency motion for a stay with the Fifth Circuit. Texas asked for an administrative stay “as soon as possible,” and an emergency stay pending appeal by Tuesday.
Here is the summary of the argument:
The United States has obtained an injunction prohibiting the adjudication of suits in state court under a law to which it will never be subject, against a State which can never enforce the law, based on real-world disputes which do not affect it, through a cause of action Congress has never authorized. This Court’s immediate intervention is necessary to vindicate Texas’s sovereign interest in preventing a single federal district court from superintending every Texas court.
The district court’s injunction violates the separation of powers at every turn. First, the district court exceeded Article III’s limits. The feder
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