The US Court of Appeals for the Fifth Circuit has recently utilized administrative stays as a mechanism by which to allow several Texas laws to come into effect while ongoing litigation continues. This strategy is the subject of increasing controversy and has garnered attention following its application in a major Texas immigration case.
The court was criticised for applying such a strategy for a Texas law that granted local and state officials the power to arrest suspected undocumented migrants. The US Supreme Court subsequently permitted this law to be in effect. However, Justice Amy Coney Barrett voiced differing views in her concurrence.
Several legal experts argue that the use of administrative stays by the court to permit laws to be implemented during the litigation process could usher in future disarray if these measures are subsequently nullified.
The ongoing practice of such measures by the New Orleans-based court and future implications promise to make this observation a noteworthy point of interest in the legal community.