Staff Reports
In a disappointing turn, the Supreme Court has voted 5-4 in favor of allowing the Biden administration to cut Texas’s border barrier, undermining the state’s efforts to secure its border. This decision follows a previous injunction issued by a three-judge panel of the United States Court of Appeals for the Fifth Circuit, which had favored Texas and acknowledged the significant increase in illegal border crossings and the exploitation of the situation by drug cartels.
The surge in illegal border crossings, attributed to the Biden administration's open border policies, prompted Texas to take proactive measures. Operation Lone Star was launched, and concertina wire was installed along the riverfront to deter illegal crossings, resulting in a significant reduction in such incidents. However, the problem arose when Border Patrol agents cut the wire without prior notification to Texas for reasons other than emergencies.
Supreme Court Rules 5-4 to Allow Biden Admin to Cut Texas Border Barrier https://t.co/K11fyoGfOr
— Stanley E Cook (@StanleyECook) January 23, 2024
Texas filed a lawsuit to prevent federal agents from cutting the border wire, citing trespass and a violation of the Administrative Procedure Act. The appeals court rejected the federal government’s claim of immunity and affirmed Texas’s right to protect its property rights from government intrusion and control.
Despite strong arguments in favor of Texas, the Supreme Court’s decision to grant a stay, allowing the Biden administration to cut the border barrier, raises concerns. Justices Thomas, Alito, Gorsuch, and Kavanaugh voted against the stay, but Chief Justice Roberts and Justice Barrett sided with the liberal justices. This outcome has sparked doubts about the possibility of the court ultimately reversing the lower court’s decision.
The ruling has significant implications, undermining Texas's efforts to secure its border and protect citizens from the consequences of illegal immigration. It underscores the ongoing clash between the Biden administration’s lenient border policies and the states' right to enforce their own border security measures. The decision highlights the importance of maintaining a strong conservative majority on the Supreme Court to uphold constitutional rights and the rule of law.
