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1/ Here's my reason why Judge Tipton's Order halting the 100-day moratoriumon Trump deportations, by nationwide injunction, is legally wrong, @steve_vladeck, @tribelaw, @ReichlinMelnick. Texas's Complaint rests on the substance & procedural language of 8 USC 1231.
2/ That's really its point, namely, construing 1231 to create a substantive or procedural right or benefit that's legally enforceable. See 
3/ But that's exactly what the statute, at 8 USC 1231(h) says cannot happen. So to get out of that jam, Judge Tipton purports to rely on a SCOTUS decision, Zadvydas (2001), which said that 1231(h) doesn't prevent a petitioner from challenging his detention via habeas corpus.
says cannot happen. So to get out of that jam, Judge Tipton purports to rely on a SCOTUS decision, Zadvydas (2001), which said that 1231(h) doesn't prevent a petitioner from challenging his detention via habeas corpus.
4/ What J Tipton fails to appreciate is that the rights relied on by Zadvydas, via 28 USC 2241 (habeas corpus) were not themselves created by Section 1231, but by the 5th Amd to the US Constitution. Tipton's sleight of hand is to analogize 2241 to 5 USC 706 here (Admin Pro).
5/ But that's an illegitimate move, because here Texas's claim is that the moratorium "should be set aside pursuant to Sec 706 of the APA bc it violates 8 USC 1231(a)." 706 & 2241 are just vessels pointing elsewhere. So J Tipton's short shrift reasoning is legally erroneous:
is legally erroneous:
