Biden administration officers have fought tooth and nail for each measure that may destroy america of America. So it’s value celebrating after they fail.
On Tuesday, america Courtroom of Appeals for the Fifth Circuit sided with Republican Gov. Greg Abbott of Texas in a case involving Abbott’s July 2023 resolution to put in a floating barrier within the Rio Grande River close to Eagle Move, Texas, as a part of an effort to stem the inflow of immigrants crossing illegally into america.
The Biden administration, determined to maintain the border open, instantly sued Abbott. Citing the Rivers and Harbors Appropriation Act of 1899, federal officers demanded removing of the floating barrier.
A district courtroom then granted a preliminary injunction in opposition to Texas, which the total appeals courtroom stayed pending enchantment.
In different phrases, the query of whether or not Texas violated the RHA by illegally obstructing navigable waters has remained within the courts for the previous yr.
Your complete case, the truth is, entails a level of apparent diabolical deception.
In any case, the Biden administration doesn’t give two hoots in regards to the RHA, and everybody is aware of it. Federal officers sued Abbott to not shield river navigation, however to keep the border open.
Nonetheless, the appeals courtroom needed to proceed as if RHA and never open borders constituted the actual subject.
“We ask: Can america probably show throughout trial that Texas violated the RHA? That query activates one other: Can america probably show that the barrier is situated inside a navigable stretch of the Rio Grande? As a result of the RHA extends solely to navigable waters, our reply to this query could — and in our view does — get rid of the primary,” the appeals courtroom wrote.
In different phrases, the Biden administration couldn’t even show the river’s navigability in that related stretch.
It seems, subsequently, that the federal authorities supposed primarily to maintain Texas tied up in courtroom over one thing palpably absurd.
“Accordingly, we now DISSOLVE the keep pending enchantment, REVERSE the district courtroom’s order granting a preliminary injunction, and REMAND with directions to vacate the preliminary injunction and for additional proceedings in line with this opinion,” the appeals courtroom wrote.
Thus, the barrier stays.
On the social media platform X, Abbott celebrated.
“The Federal Courtroom of Appeals for the Fifth Circuit simply dominated that Texas can KEEP these buoys within the water securing our border. Biden tried to take away them. I fought to maintain them within the water. That’s precisely the place they are going to keep. JUSTICE!!!!” the governor posted.
The Federal Courtroom of Appeals for the Fifth Circuit simply dominated that Texas can KEEP these buoys within the water securing our border.
Biden tried to take away them.
I fought to maintain them within the water.
That’s precisely the place they are going to keep.
JUSTICE!!!! https://t.co/IlzttmnOVr
— Greg Abbott (@GregAbbott_TX) July 31, 2024
In brief, by resorting to a Nineteenth-century river navigation legislation, Biden administration officers uncovered each their brazenness and their desperation to maintain the border open.
However, because it sometimes does, the American judiciary acted to guard the pursuits of the sovereign folks.
This text appeared initially on The Western Journal.