Republican-appointed federal appeals court judges have dealt a blow to Texas Governor Greg Abbott’s efforts to address the challenges along the U.S.-Mexico border.
Governor Abbott, also a Republican, has been actively engaged in legal disputes with the Biden administration over his authority to implement border security measures given the surge in migrant arrivals.
Data from U.S. Customs and Border Protection shows a significant increase in encounters at the border during the 2023 fiscal year compared to 2021.
Governor Abbott’s administration argues that the illegal crossing of migrants constitutes an “invasion” and asserts Texas’s constitutional authority to defend itself.
However, these legal battles have not been without setbacks for Governor Abbott, including a Supreme Court ruling in favor of President Biden regarding dismantling razor wire erected by the Texas National Guard.
The Fifth Circuit Court of Appeals, known for being one of the most conservative courts in the U.S., dealt another blow to Abbott last week.
The court ruled on a separate case involving Texas’ authority to construct a floating barrier in the Rio Grande.
Back in September 2023, Judge David A. Ezra ordered Texas to dismantle the barrier until a final decision is made on the matter. In December, a three-judge panel from the Fifth Circuit voted 2-1 in favor of upholding the temporary injunction.
However, in January, the court agreed to hold a new hearing with all eleven members of the court present, going beyond just the initial three judges. Meanwhile, Abbott’s legal team requested that trial proceedings be put on hold while Judge Ezra scheduled a trial date for March.
This date could coincide with when arguments are heard regarding the preliminary injunction at the appeals court. On Thursday, seven Republican judges on the court sided with Democrats and rejected Texas’ plea.
According to the outlet, while the Republican judges voiced widespread criticism of Ezra’s timeline, the majority concluded that Texas’ attorneys had not met the requirements to halt trial proceedings.
Circuit Judge Don R. Willett, who was appointed to the court by former President Donald Trump, acknowledged that the “rushed schedule” is questionable but stated that it cannot be addressed through a mandamus petition.
“Despite our misgivings about the district court’s decisions, we cannot say that the rigorous criteria for mandamus are fulfilled. The district court’s scheduling orders although questionable, fall shy of showing a ‘persistent disregard of the Rules of Civil Procedure’ or a pattern of noncompliance that could justify mandamus relief,” he added.
According to Newsweek, Chief Judge Priscilla Richman, appointed by former President George W. Bush, joined four other GOP-appointed judges in signing the opinion.
Judge Edith Jones, appointed by the late President Ronald Reagan, reluctantly sided against Texas while expressing her disagreement with the district court’s handling of the trial and pretrial deadlines.
In a filing submitted in January, Abbott’s legal team urged the appeals court to stay Ezra’s ruling, highlighting that rushing a trial before completion of en banc review would waste resources and significantly prejudice Texas’s sovereign interest in defending itself and protecting the rights of its citizens.
In defiance of the Biden administration, Abbott announced in January his intention to increase enforcement actions against migrants entering the state illegally.
He accused President Biden of failing to uphold constitutional obligations regarding border security and immigration laws.
“The Executive Branch of the United States has a constitutional duty to enforce federal laws protecting states, including immigration laws on the books right now. President Biden has refused to enforce those laws and has even violated them,” Abbott noted in an emergency order.
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7 Comments
Governor Abbott should use a quote by then president Andrew Jackson when he found out that SCOTUS ruled his Indian Removal Act to be unconstitutional. Jackson was reported to have said,” They ruled, now let’s see them enforce it”.
The rest is history. SCOTUS is only useful in a just society. It can do absolutely nothing if good people fail to do anything. (E. Burke)
Biden ignores the SC on school loans and so then should Gov. Abbott
I agree. Why should Abbott listen to any court that goes against the rule of law and the Constitution. I will be ALL IN on going to Texas to fight for what is right if the Feds try to push too far. People, you better wake up very quickly because the ONLY people that are willing to hold the line for this Constitutional Republic are US!!! Like it or not it is going to come down to a physical fight to save this country. The sooner you realize this the sooner we can get it over with.
You are right but the vast majority don’t have the intestinal fortitude to “a physical fight to save this country”, we have become a nation of sniveling cowards.
Texas men if called will support Gov.Abbott .There are allot of good men and Red Necks with pickups who would love a confrontation.
Like I’ve said many times they say what ya want to here and after they get the job they do whatever they want.
FJB and the Court – bus the ILLEGALS to every one of the Judges home and tell them you want them here they are