Staff Reports
In a surprising turn of events, the appeals court has sided with President Biden in the ongoing battle against Governor Greg Abbott over the controversial Rio Grande floating border wall. The court declared that the "marine floating barriers" ordered by Governor Abbott are as illegal as a four-eyed armadillo in a chicken coop. The federal authorities asserted that Abbott's actions were interfering with the river and Border Patrol operations, instructing him to remove the barriers promptly.
Following a lower court's disapproval of Texas' initiatives, the 5th U.S. Circuit Court of Appeals, led by Judges Dana M. Douglas and Carolyn Dineen King, upheld the injunction against Texas. The judges emphasized the solidity of the district court's findings and directed Texas to cease its activities and dismantle the barriers.
An appeals court ruled Friday that Texas' floating border wall in the Rio Grande is illegal under federal law, delivering a victory to President Biden as he battles Gov. Greg Abbott over the surge of illegal immigrants. https://t.co/cclCkuyxwo
— The Washington Times (@WashTimes) December 1, 2023
At the core of the legal dispute is the determination of whether the Rio Grande is "navigable" under the Rivers and Harbors Act of 1899, granting federal jurisdiction over waterways. The court swiftly affirmed its navigability, restricting Texas from haphazardly constructing barriers in the river.
However, Judge Don Willett, a Trump appointee, dissented from this consensus. He argued that the 1,000-foot section in question had not been utilized for commerce or navigation, and it was unlikely to be in the future. Willett criticized the evidence as flimsy and contended that the district court had erred in its judgment.
Adding to the legal whirlwind, another federal court the day before instructed Texas to cease its complaints about the Biden administration removing razor wire on private property along the Rio Grande. U.S. District Judge Alia Moses, while dismissing Texas' case for lack of proof, also criticized federal authorities as "culpable and duplicitous" for allegedly contributing to the migrant influx.
Governor Abbott finds himself at the center of this tumult, taking an active role in addressing the situation. Employing state police and constructing his own wall, Abbott has been vocal about his opposition to what he deems as a federal overreach, citing the "invasion" clause of the Constitution. Despite legal setbacks, Abbott remains resolute in leading the charge against federal immigration policies, akin to a bronco rider at a rodeo.
