The Michael Berry show Professor Josh Blackman is our esteemed guest of the South Texas College of Law the renowned Supreme Court expert is that how you wrote it for me Josh? I think that's right. Okay so

our house and Senate and then the governor, our South House and Senate Senate bill four.

This is the way the process is supposed to work.

The legislative branch, the executive branch, which gives authority to deal with misdemeanor cases.

The new offense is a class B misdemeanor which carries a punishment of up to 100 days in jail.

Second offense is a secondary felony, which carries a punishment of

20 years in prison following conviction, service of punishment, the judge is required to order

police to transport the offender to a port of entry.

So serve your time and get out. And yet the, and the Fifth Circuit Court of Appeals, as I understand it, affirms that.

And now we've gone to the Supreme Court and Alito stays that law for a minute.

Two non-lawyers, what is happening here?

Right, so Texas again passes this law that basically makes it a state level

offense to violate the federal immigration law. The trial court in

Austin, no surprise, said, oh no this is unconstitutional, you can't do this. The

Fifth Circuit Court of Appeals, again maybe no surprise, said no, this is okay that you're not conflicting with federal law, you're actually assisting your supplementing federal law.

Then the Biden administration ran to the US Supreme Court, which is what always happens.

The usual protocol, Michael, is that the

justice who has overview of Texas says, okay, let's put this on hold for a few days

figure out what's going on. Justice Sam Alito has overview of Texas, this is his circuit.

And he just put a temporary pause on it.

What's interesting is he originally put a pause for about two weeks or so, right? That was back on March 12th and then he

extended it again, I'm sorry, originally put a pause on it and he extended it again.

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