Everyone wanted Texas Governor Greg Abbott to defy the SCOTUS ruling, but, there is no need
Texas is apparently taking advantage of a loophole in a recent Supreme Court ruling involving the US-Mexico border in order to keep putting up more razor-wire fencing along the Rio Grande riverbank.
The Supreme Court’s 5-4 Monday ruling delivered a huge win to the Biden administration in its ongoing legal battle with Texas over the southern border by allowing federal border agents to cut or move barbed wire fencing the Republican-controlled state installed at the border.
I wonder if the Texas lawyers argued that Texas was having to do the job of the federal government because Los Federales were failing to do their Constitutional job? Anyway
The ruling does not call for Texas to take any action in the matter — and the state’s Republican governor, Greg Abbott, suggested in a post to X on Wednesday that Texas will keep putting up the fencing, even if federal border agents take it down.
“Texas’ razor wire is an effective deterrent against the illegal border crossings encouraged by [President Joe] Biden’s open border policies,” Abbott said. “We continue to deploy this razor wire to repel illegal immigration.”
Meanwhile, a federal law enforcement source with knowledge of the situation who was not authorized to speak publicly told Business Insider on Wednesday that Texas can put up all the wire fencing it wants but that border agents have the right to cut it down if it gets in their way.
“If they put up wire, that’s fine,” the source said of Texas. “If it interferes with federal law enforcement’s ability to do its job, that’s when there’s an issue.”
Whoops! Big loophole. Texas can, and will, continue to put up razor wire. How quick can Los Federales take it down?
Meanwhile, because Democrats do not really understand, or care, about law or the Constitution, some want Brandon to federalize the Texas National Guard
Texas Democratic Rep. Joaquin Castro was the first to call for a federalization of the Texas National Guard, which as a military unit is ultimately under the command of President Biden as commander-in-chief.
Rep. Greg Casar (D-Texas) followed suit Wednesday in the wake of Abbott’s statement.
“I agree with Congressman Castro: if Abbott is defying yesterday’s Supreme Court ruling, President Biden needs to establish sole federal control of the Texas National Guard,” said Casar.
Yeah, it actually doesn’t work that work. The POTUS can only take control of National Guard under very specific circumstances, otherwise they remain under control of the State. Under Title 32
1. 32 USC 502 (f): This statue allows member of the National Guard to be ordered to full-time National Guard duty
to perform operational activities. It was used for the Airport Security mission after 9/11 and also for Hurricane
Katrina and Rita response effort.
2. 32 USC § 901: The term “Homeland Defense activity” means an activity undertaken for the military protection of
the territory or domestic population of the U.S., or of infrastructure or other asset of the U.S. determined by the
Secretary of Defense as being critical to national security and at risk of a threat or aggression against the U.S.
There’s a few other abilities, however, they all pretty much say the same thing: for protecting the United States and enforcing the laws of the United States. It’s rather difficult to use them to stop the enforcement of the laws of the US, eh?
Read: Texas Gov. Abbott Follows Supreme Court Ruling On Border Razor Wire To A T »