Late Tuesday, federal Judge Kathleen Cardone held that Texas Gov. Greg Abbot’s executive order banning the transportation of illegal aliens within the state by anyone other than federal, state, or local officials likely runs afoul of the Supremacy Clause of the U.S. Constitution. Cardone then entered a temporary restraining order enjoining enforcement of the executive order, pending a hearing on the Biden administration’s motion for a preliminary injunction, currently scheduled for August 13, 2021.
As a matter of law, Judge Cardone, a George W. Bush appointee, is correct and further proceedings and appeals will be unlikely to change yesterday’s outcome. Yet Abbott is in the right in exposing the Biden administration’s utter disregard for safeguarding our country and Americans against the risks of COVID.
Cardone’s decision yesterday followed the Biden administration’s Friday filing of a lawsuit against Texas. In that lawsuit, the Department of Justice argued Abbot’s executive order violates the Supremacy Clause because it disrupts federal immigration operations in Texas.