BORDER SECURITYFifth Circuit Hands Texas major Win on Rio Grande River Buoy Lawsuit
One year after Texas installed marine barriers in the Rio Grande River near Eagle Pass, Texas, the U.S. Court of Appeals for the Fifth Circuit ruled Texas has the legal right to do so.
One year after Texas installed marine barriers in the Rio Grande River near Eagle Pass, Texas, the U.S. Court of Appeals for the Fifth Circuit ruled Texas has the legal right to do so.
In the 10-7 vote, it also reversed a district court’s preliminary injunction and remanded the case back to the court “with instructions to vacate the preliminary injunction and for further proceedings consistent with this opinion.”
Circuit Judge Don Willett wrote the majority opinion.
Willett made similar arguments as Gov. Greg Abbott, saying, “the district court clearly erred in finding that the United States will likely prove that the barrier is in a navigable stretch of the Rio Grande. We cannot square the district court’s findings and conclusions with over centuries worth of precedent, which on a fair and faithful reading renders inapplicable or unpersuasive the evidence on which the district court relies.”
Abbott lauded the ruling, saying, “The Federal Court of Appeals for the Fifth Circuit just ruled that Texas can KEEP these buoys in the water securing our border. Biden tried to remove them. I fought to keep them in the water. That is exactly where they will stay. JUSTICE!!!!”
Abbott later added: “This fight is far from over. Texas will continue to defend our constitutional right to secure our southern border to keep our state and the nation safe.”
Three judges issued separate opinions concurring with Willett: Chief Judge Priscilla Richman, Andrew Oldham and James Ho.
Circuit Judge James Ho partially concurred and partially dissented, agreeing that the preliminary injunction “must be reversed. But I get to that place through a different path,” he said, adding that he would have instructed the district court to dismiss the case for lack of jurisdiction.
He argued Texas’ right to install the buoys was a constitutional one: a sovereign state has the right to protect its own border. He made similar arguments to those of 55 Texas judges who declared Texas was being invaded.
“A sovereign isn’t a sovereign if it can’t defend itself against invasion,” Ho wrote. “Presidents throughout history have vigorously defended their right to protect the Nation. And the States did not forfeit this sovereign prerogative when they joined the Union.
