Supremacy Clause on Texas Appeals Journalhttps://texasappeals.org/topics/supremacy-clause/Clinical descriptions of the Texas appellate decisions drawing the most press coverage.Hugo -- gohugo.ioen-usMon, 11 May 2026 07:00:00 -0500En Banc Fifth Circuit Vacates Preliminary Injunction Against Texas Senate Bill 4, Holding Plaintiffs Lack Standinghttps://texasappeals.org/2026/05/united-states-v-texas-sb-4-en-banc/Mon, 11 May 2026 07:00:00 -0500https://texasappeals.org/2026/05/united-states-v-texas-sb-4-en-banc/Sitting en banc, the court held that two legal-services nonprofits and El Paso County had not shown an Article III injury and vacated the preliminary injunction against the state immigration law. The majority stated that it did not address whether S.B. 4 is preempted by federal law.Fifth Circuit Holds Texas Is Entitled to Preliminary Injunction Against Border Patrol Cutting of Concertina Wire Near Eagle Passhttps://texasappeals.org/2024/12/texas-v-dhs-eagle-pass-concertina-wire/Mon, 23 Dec 2024 07:00:00 -0600https://texasappeals.org/2024/12/texas-v-dhs-eagle-pass-concertina-wire/The court held that § 702 of the Administrative Procedure Act waives the United States’ sovereign immunity for Texas’s state-law trespass claims, that neither intergovernmental immunity nor 8 U.S.C. § 1252(f)(1) bars the suit, and that Texas satisfied the preliminary-injunction factors. It granted a modified injunction; Judge Ramirez dissented.