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Texas Solicitor General Aaron Nielson filed a letter with the Supreme Court on Saturday, noting that the Eighth Circuit’s injunction “negate[s] the need for emergency relief from this Court so long as that injunction remains in effect,” but still seeking Supreme Court review — either by having the court “summarily order the district court to vacate the SAVE Plan“ or setting the case for argument — based on the application already filed. When Nielson asks for SCOTUS to “summarily order the district court to vacate the SAVE Plan,” it’s important to understand what that means. Neither the district court did nor the Tenth Circuit vacated the SAVE Plan. No court has done so. So, what Texas is asking the court to do is to stop considering cases at all on the merits docket, get rid of all pretense, and actually resolve a merits case — involving a different program based on application of a different law — because Nielson thinks Texas should obviously win based on the HEROES Act case.