We mentioned last week that the actual Fifth Circuit opinion, when read carefully… said very little, and held even less — as a matter of black letter law.
But it was dressed up — in over 30 pages of political rhetoric — to assuage the precious feelings of the MAGA-TX base.
So it claimed to affirm a broad injunction for the frothy right, but in fact actually said that the preliminary injunction only applied where lots of other, easier ways (other than cutting the concertina wire) existed, to preserve human life, and patrol the international borderlands (as is the exclusive province of the federal government).
The “speechifying” parts of the opinion are so obtuse, as to lead the able US Attorneys representing Border Patrol to write the panel directly yesterday — to ask for a single clear sentence, that Border Patrol is in fact FREE to cut the land razor wire fencing in emergent situations, around Shelby Park.
See that letter here. I cannot recall another time, in the last 50 years, when Border Patrol felt compelled to “write back” — to a Court of Appeals, to ask… “Just what does all this extra verbiage mean, if anything?” But this is the time of Tangerine, again. So do expect more of it. Damn.
To be clear, I don’t expect the Fifth will answer the feds. But the Supremes ultimately… will.
They will strike the purported injunction, altogether.
Onward, grinning. See ya’ in the funny papers, Gov. Abbott and you “Operation Lone Star” loons. Heh
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