Staff Reports
In a highly divided ruling, the Supreme Court voted 5-4 to allow the Biden administration to cut Texas’s border barrier. This decision comes after a three-judge panel from the Fifth Circuit Court of Appeals had previously issued an injunction in favor of Texas, recognizing the state’s efforts to secure the border as a response to the soaring number of illegal border crossings and drug trafficking by cartels.
The panel decision pointed out that the number of Border Patrol encounters with illegal migrants has skyrocketed, rising from 458,000 in 2020 to 2.4 million in 2022. Texas launched Operation Lone Star to aid Border Patrol, and its use of concertina wire along various sections of the border had proven effective in curbing illegal crossings. However, the problem arose when Border Patrol agents cut the wire without proper notification to Texas, leading the state to file a lawsuit to stop these actions.
Story by @kenklukowski
Supreme Court Rules 5-4 to Allow Biden Admin to Cut Texas Border Barrier https://t.co/yGO5VP8Qe9 via @BreitbartNews
— Randy Clark (@RandyClarkBBTX) January 23, 2024
Attorney General Merrick Garland’s Department of Justice attempted to dismiss the case, claiming immunity for federal agents. However, the appeals court rejected this argument, stating that immunity is waived when seeking nonmonetary relief in federal court. Additionally, the court rejected other arguments put forth by the DOJ, ultimately ruling in favor of Texas.
Despite this, the Supreme Court granted a stay on the injunction by a narrow margin of 5-4, allowing the Biden administration to proceed with cutting the border barrier. Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh voted against the stay, while Chief Justice John Roberts and Justice Amy Coney Barrett joined the liberal justices to issue the stay. This decision raises concerns for those trying to address the border crisis, as it indicates a reasonable prospect that the lower court ruling may be reversed.
This ruling is disappointing for those who believe in securing the border and protecting American citizens from the dangers posed by illegal immigration. By favoring the Biden administration’s open border policies, the Supreme Court has undermined the efforts of Texas and other states to combat drug trafficking and illegal border crossings. It is crucial for the conservative movement to continue pushing for strong border security measures and to elect officials who will prioritize the safety and well-being of American citizens over the interests of illegal immigrants.
