Staff Reports
The Fifth U.S. Circuit Court has served up a fresh and mighty win for Texas Governor Greg Abbott in his ongoing battle against the Biden administration’s attempts to undermine state sovereignty at the border. The case, which revolves around Texas’ installation of marine barriers in the Rio Grande to block illegal crossings, showcases not only a legal wormhole but also the stark contrast between states that take border security seriously and those that fluff up the issue like it’s a pillow fight.
At the heart of the matter is the Biden administration’s lawsuit, which dictates that Texas must remove the barriers, claiming the state is infringing on the Rivers and Harbors Appropriations Act of 1899. On Tuesday, the Fifth Circuit threw a wrench in those plans and ruled otherwise, leaving the Justice Department with egg on its face and likely a few more gray hairs.
The ruling wasn’t all smooth sailing, as two judges engaged in a friendly spat over jurisdiction. Judge James Ho expressed concerns that the federal court has no authority to govern Governor Abbott’s invocation of the so-called “Invasion Clause” of the Constitution. Meanwhile, Judge Andrew Oldham thought the jurisdiction argument was moot, suggesting that the Justice Department’s legal maneuvers were so misguided that acknowledgment of the invasion claim wasn’t even necessary. A classic case of academic-style bickering that suggests Judge Ho might prefer a fencing match while Judge Oldham is set on a game of chess.
Texans have been declaring border conditions as an invasion for well over a year, with counties across the state joining the chorus. Numerous judges and county leaders have voiced their support for Abbott’s declaration of invasion, a move that might be more popular than Texas chili if it were up for public vote. Back in November 2022, after enough judges nudged Abbott to act, he flexed his constitutional muscles and informed Biden of his state self-defense authority, which apparently has sparked a minor rebellion among half the nation’s governors, none of whom are interested in a peacemaking summit with their state’s borders under siege.
Judge Ho fervently emphasized that a sovereign state can’t be labeled as such if it lacks the power to safeguard its territory against an invasion, citing historical precedents. He did not hesitate to mention how previous presidents, unlike the current occupant of the White House, have upheld this right with aplomb, suggesting that the current administration’s approach to national security amounts to a game of hide-and-seek rather than an actionable strategy. Meanwhile, Oldham tried to stay focused on the legal outcome, arguing that the merits of the case are more pressing than the ongoing debate about the status of sovereignty.
Invasion defense part of circuit judge debate in Texas marine barrier case https://t.co/NgOWSYTQhE
— Washington Examiner (@dcexaminer) August 1, 2024
In essence, the Fifth Circuit’s decision not only avoids a potential judicial quagmire concerning Texas’ right to self-defense but also seems to send a clear message to the Biden administration: when it comes to the border, Texan grit won’t back down. The forthcoming rulings on Texas SB 4 will add more fuel to this fiery saga, ensuring that border security remains a hot topic and a key issue for many Texans who simply want to see their rights cared for without federal interference.
