A federal appeals court on Tuesday formally overturned nearly all of an injunction that a U.S. District Court judge issued last year against a Texas immigration law aimed at blocking local governments in the state from adopting so-called sanctuary policies.
The ruling from the 5th U.S. Circuit Court of Appeals was not a surprise, because that court issued a stay last September allowing the bulk of the Texas law, known as Senate Bill 4, to take effect. However, the decisions came from two separate three-judge panels of the appeals court.



The new decision largely tracked with the earlier stay, finding legally problematic only one part of the Texas law that prohibited local officials from taking any steps to “endorse” a sanctuary policy.
Lawyers for the state proposed a narrow reading of that provision, but the appeals court rejected that reading and held that portion of the law likely unconstitutional.
“As written, SB4 proscribes core political speech when such ‘endorsement’ is uttered by elected officials,” Judge Edith Jones wrote. “The state cannot regulate the substance of elected officials’ speech under the First Amendment without passing the strict scrutiny test.”
Even in that regard, however, the 5th Circuit narrowed the impact of the injunction, barring the state only from enforcing the law against elected officials. The appeals judges suggested the provision might be constitutional as applied to subordinate employees.

More at: https://www.politico.com/story/2018/...s-court-461368