The state of Texas is nothing, if not… relentless, in its political maneuvers.
It has now been able to get the Fifth Circuit to slow walk the Supreme Court order re-instating the clear statutory right of DHS and CPB to cut the razor wire. Thus far, those two federal agencies have refrained from provoking what might be an armed response, from AG Paxton’s ugly shock troops (i.e., see his insurrectionist graphic — at right, in the lower portion — equating this to “the last stand” at the Alamo 180 years ago).
The feds are admirably showing great restraint at the moment — only stepping in to rescue asylum seekers trapped by the wire barriers — but the Supremes clearly gave the feds the unfettered right to cut or remove the wire, two weeks ago now — by confirming that the federal law means what it says, here.
But… likely in an effort to stall and/or run out the clock, the Texans are bouncing motions back and ‘fro, in the Fifth Circuit, and the WDTX District Court.
They’ve been able to get the Fifth panel to name Alia L. Moses as a judge for “fact finding” — about what has transpired since December 21, 2023. She has 60 days to find facts in Del Rio, now.
I suspect the feds will continue the soft shoe approach here, while they let the Moses hearings schedule play out. But it does mean there will be no February 8 argument in the Fifth, despite what AG Paxton is burping about.
And, here is the AG’s nonsense, in full.
I should note that one Texas “TV 12News” outlet claims to have “fact checked” this dispute, and determined that Texas is “NOT defying a Supreme Court order“. The local Tee-Vee people base this on the idea that “Gov. Abbott has been putting up razor wire for over a year, and it is part of Operation Lone Star”. [Part of a lawful Texas operation, they claim, for which they offer zero citations to any court case.]
The problem with that stitled narrative, of course, is that all three courts (trial, appellate and Supremes) have now plainly said that Texas lacks the right to patrol the international border, and his barriers there thus violate federal law. The highest court of the land explicitly ruled, on January 22, 2024, thus: “Application (23A607) to vacate injunction presented to Justice Alito and by him referred to the Court is granted. The December 19, 2023 order of the United States Court of Appeals for the Fifth Circuit, case No. 23-50869, is vacated….”
Somehow, local Tee-Vee thinks that anything the MAGA Gov. does (despite what the Supremes rule)… is legal, because he’s the “supreme ruler” of some mythical kingdom called… Texas.
Charmingly (willfully?) ignorant, that is.
Paxton is openly defying the US S. Ct. See his Twitter account postings. Day after day.
Damn, kids. Grow up, in Texan Tee-Vee land, down there.
Out.
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