On Monday, the Biden administration clinched a notable victory over Texas Governor Greg Abbott, as the Supreme Court greenlit the removal of razor wire along the U.S.-Mexico border.
Biden’s Border Victory
The Court’s 5-4 decision endorsed the White House’s move to overturn an October injunction by the Fifth Circuit, which had stopped Biden’s directive to federal agents to remove the wire set up in Texas as a deterrent against illegal immigration.
Surprising Bipartisan Vote
Liberal Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson, together with Chief Justice John Roberts and Justice Amy Coney Barrett from the Conservative side, voted in favor of lifting the ban.
Defeat for Conservative Justices
On the other hand, Conservative Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh cast the opposing votes. This ruling stands out as a noteworthy triumph for the Democratic president from the predominantly conservative 6-3 court.
SCOTUS Verdict
“The application to vacate injunction presented to Justice Alito and by him referred to the Court is granted,” the official judgment stated. “The December 19, 2023 order of the United States Court of Appeals for the Fifth Circuit, case No. 23-50869, is vacated.”
Opening Floodgates?
Reacting to the ruling, a spokesman for Abbott told Newsweek on Monday afternoon, “The Biden Administration has repeatedly cut wire that Texas installed to stop illegal crossings, opening the floodgates to illegal immigrants.”
Fight for Border Control Intensifies
The spokesperson further remarked, “The absence of razor wire and other deterrence strategies encourages migrants to make unsafe and illegal crossings between ports of entry, while making the job of Texas National Guard soldiers and DPS troopers more dangerous and difficult.”
“This case is ongoing, and Governor Abbott will continue fighting to defend Texas’ property and its constitutional authority to secure the border.”
Injunction Adds Complexity
Last fall, U.S. District Judge Alia Moses issued an injunction following a lawsuit in the Western District of Texas, marking another key twist in the ongoing clash between Governor Abbott’s administration and the federal government over border control.
Safety or Cruelty?
Abbott’s state government has been actively setting up physical barriers along the border, which he and his advocates argue are crucial given the recent influx of migrants. Critics, however, have raised concerns about the allegedly “cruel and inhumane” nature of some barriers, including circular saws embedded among spherical buoys in a line along the Rio Grande River.
Texas Gov. Stands Against Biden
“I officially declared an invasion at our border because of Biden’s policies,” Abbott announced on X (formerly Twitter) in September. We deployed the Texas National Guard, DPS & local law enforcement. We are building a border wall, razor wire & marine barriers. We are also repelling migrants.”
A Warning to Biden
Alongside his remarks, Abbott also shared a letter from November 2022 addressed to President Biden, describing the president’s policies as having disastrous effects and stating that Texas had no option but to “escalate our efforts to secure the state.”
Tragedy Strikes Amid Border Tensions
A recent confrontation between federal agents and Texas state troopers occurred near Eagle Pass, where the latter prevented the former from accessing a site to help a group of migrants crossing the river.
Tragically, a woman and two children from this group drowned.
Conservative Backlash
Supreme Court Justice Amy Coney Barrett has notably faced criticism from her conservative peers for siding with the White House in a crucial border security vote. This ruling signified an uncommon win for the Democratic president in the court, which is predominantly conservative with a 6-3 majority.
Polarizing Vote
“Wow. SCOTUS Justices Roberts and Barrett sided with the left wing and have allowed Biden’s federal officers to continue removing the border fencing erected by the state of Texas while the case is pending,” conservative lawyer Marina Medvin posted on X. “Thomas, Alito, Kavanaugh, and Gorsuch would have prevented the feds from doing so.”
DeSantis Reacts to Ruling
The official account of Florida Governor Ron DeSantis was one of the most notable to comment on the ruling, although the message did not specifically mention either Barrett or Roberts. The post on DeSantis’ account echoed a sentiment of frustration.
‘Upside Down World’
“Texas is trying to enforce our laws and uphold our sovereignty while the federal government is disregarding the law and ignoring its responsibility to protect our borders,” the post read. “What an upside down world.”
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