ttps://www.msn.com/en-us/news/us/supreme-court-sides-with-biden-in-texas-border-razor-wire-case-border-patrol-union-blasts-decision/ar-BB1h5J3m
ttps://imprimis.hillsdale.edu/the-constitution-and-american-sovereignty/
At the end of The Federalist Papers, Alexander Hamilton writes: “A nation, without a national government, is, in my view, an awful spectacle.” His point was that if you do not have a national government, you can’t expect to remain a nation. If we are really open to the idea of allowing more and more of our policy to be made for us at international gatherings, the U.S. government not only has less capacity, it has less moral authority. And if it has less moral authority, it has more difficulty saying to immigrants and the children of immigrants that we’re all Americans. What is left, really, to being an American if we are all simply part of some abstract humanity? People who expect to retain the benefits of sovereignty—benefits like defense and protection of rights—without constitutional discipline, or without retaining responsibility for their own legal system, are really putting all their faith in words or in the idea that as long as we say nice things about humanity, everyone will feel better and we’ll all be safe. You could even say they are hanging a lot on incantations or on some kind of witchcraft. And as I mentioned earlier, the first theorist to write about sovereignty understood witchcraft as a fundamental threat to lawful authority and so finally to liberty and property and all the other rights of individuals.
1/27/2024
Supreme Court – DO YOUR JOB of following the Constitution.
It is important for the Supreme Court to explain to WE THE PEOPLE – why they are protecting foreigners who are not yet in the country rather than the sovereignty of our state/country and WE THE PEOPLE.
President Biden is not ruling by the Constitution and they are supporting him in this law suit. The court needs to review the Constitution at the river’s edge which is the middle.
These people are not even in the U.S. – so the court has no jurisdiction since they are not yet in the country?
AGAIN, WE NEED AN EXPLANATION ON THEIR DECISION. Those judges who voted against the American people’s SAFETY are not following the constitution.
Supreme Court sides with Biden in Texas border razor wire case; Border Patrol Union blasts decision
Story by Bradford Betz • 4d
The U.S. Supreme Court on Monday sided with the Biden administration in a case involving a razor wire fence along Texas’ border with Mexico.
The court’s decision allows Border Patrol agents to cut concertina wire that Texas had installed along the border near Eagle Pass while litigation continues.
The roughly 30 miles of wire had been installed as part of Texas Gov. Greg Abbott’s broader fight with the administration over immigration enforcement and attempts to stem the historic flow of migrants across the border since Biden’s term began.
In court papers, the Biden administration argued that the wire impedes Border Patrol agents from reaching migrants as they cross the river and that, in any case, federal immigration laws trumps Texas’ own efforts to stem the flow of migrants into the country.
In a 5-4 vote Monday, the justices granted an emergency appeal from the Biden administration, which has been in an escalating standoff at the border with Texas and had objected to an appellate ruling in favor of the state.
The deciding vote was cast by Justice Roberts, while Justices Thomas, Alito, Gorsuch, and Kavanaugh were in the dissent. Justice Amy Coney Barrett, a Trump appointee, also sided with the majority.
No justice provided an explanation for their vote.
FILE – A migrant from Columbia stands at a floating buoy barrier as he looks to cross the Rio Grande from Mexico into the U.S., Monday, Aug. 21, 2023, in Eagle Pass, Texas. Texas must move a floating barrier on the Rio Grande that drew backlash from Mexico, a federal appeals court ruled Friday, Dec. 1, 2023, dealing a blow to one of Republican Gov. Greg Abbott’s aggressive measures aimed at stopping migrants from entering the U.S. illegally. (AP Photo/Eric Gay, File) AP Photo/Eric Gay, File© AP Photo/Eric Gay, File
Most of the razor wire is deployed in the Shelby Park area of Eagle Pass. It is owned by the city but was recently seized by the State of Texas. Federal Border Patrol agents have been blocked from the park since then, a move the Border Patrol Union publicly supports.
Brandon Judd, President for the National Border Patrol Council, said the ruling would “undoubtedly encourage more illegal immigration.”
“Unfortunately, this means Border Patrol agents are going to be tied up dealing with give ups rather than going after the criminal elements that constantly cross our borders illegally,” Judd said in a statement to Fox News.
“The administration no doubt will say this is a win for border security, but if they sought rank and file input, they would be told this will do the exact opposite. Agents support what Texas was trying to accomplish in the absence of true border security policies from this administration.”
The litigation is one of several legal challenges in federal court by the Biden administration over Texas’ border enforcement policies, including floating barriers in the Rio Grande as well as trespassing arrests and incarceration of illegal immigrants by the state.. Those cases have yet to reach the Supreme Court.
This is a developing story. Check back for updates.
Original article source: Supreme Court sides with Biden in Texas border razor wire case; Border Patrol Union blasts decision
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Supreme Court Ruling About Texas’ Razor Wire Actually Means
Jack Izzo
Thu, January 25, 2024 at 5:01 PM CST·7 min read
A U.S. Supreme Court ruling on Jan. 22, 2024, allowed U.S. Border Patrol agents to cut or move concertina wire, commonly called razor wire, set up by the state of Texas along the Mexican border.
The razor wire was one of several barriers installed along the banks of the Rio Grande to deter illegal immigration, but according to the appeal filed by the Department of Homeland Security, the razor wire has prevented Border Patrol agents from doing their jobs. The state of Texas sued the DHS for altering the barriers in late 2023, and a federal circuit court of appeals barred Border Patrol agents from altering the razor wire. This appeal to the Supreme Court overturned that decision, allowing the Border Patrol to move the wire. It’s turned into a standoff between the state and the federal government. Here’s what you need to know about the situation:
Operation Lone Star
In 2021, Texas Gov. Greg Abbott announced Operation Lone Star, an initiative aimed at stopping immigrants from entering the country without legal permission. As part of the initiative, he declared states of emergency in counties on the southern border, sent in the Texas National Guard and created the “Texas Tactical Border Force,” and increased the presence of physical barriers like the razor wire and buoys with what U.S. Rep. Joaquin Castro called “chainsaw devices.”
The program has been controversial since it began, and there have been ongoing debates about the legality of many aspects of Abbot’s initiative. In July 2023, The Texas Tribune reported that the Mexican government sent a letter to the United States complaining about the barriers installed on the Texas border.
Many of the complaints about the program revolve around safety, with critics claiming that the barriers are incredibly dangerous and have led to unnecessary injuries and deaths. According to a report from Human Rights Watch, between March 2021 and July 2023, “at least 74 people were killed and another 189 injured as the result of 49 pursuits by Texas troopers or local law enforcement, or both, in Operation Lone Star counties.”
The Lawsuit
The injuries caused by these barriers have led to tricky situations for U.S. Border Patrol agents, who, by federal law, are allowed to access private property within 25 miles of the international border without a warrant. According to a report in SCOTUSBlog, Border Patrol agents cut and moved the razor wire installed by the Texas government, in order to apprehend and administer first aid to migrants. In response, Texas sued the federal government on the grounds that the agents had violated Texas state law by cutting or moving the wire.
On Dec. 19, 2023, the 5th U.S. Circuit Court of Appeals, which handles cases in Texas, Louisiana and Mississippi, issued an order preventing Border Patrol agents from tampering with the razor wire except in cases of medical emergency. On Jan. 2, 2024, the Biden Administration asked the Supreme Court to review the decision, arguing that the razor wire prevented Border Patrol agents from performing their normal duties and that accepting the 5th Circuit Court’s ruling meant that Texas state law would take precedent over federal law.
The appeal was submitted to the Supreme Court’s emergency docket, also called the shadow docket, which operates a bit differently from how the American public generally thinks about the Supreme Court’s rulings. An emergency docket ruling will uphold or strike down a decision temporarily while appeals proceed through the lower courts, but because it is (historically) reserved for time-pressing matters, the court does not hear an oral argument, nor does it always explain the rationale for its decision.
The Decision
This is one of those cases where the court did not provide much explanation. The entire ruling reads:
The application 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.
Justice Thomas, Justice Alito, Justice Gorsuch, and Justice Kavanaugh would deny the application to vacate injunction.
It was a 5-4 vote. Chief Justice John Roberts was joined by Justices Sotomayor, Kagan, Barrett and Jackson in the decision. Only Sotomayor, Kagan and Jackson are considered liberal justices.
This decision temporarily allows the Border Patrol agents to continue cutting and moving the razor wire installed by Texas. However, since the ruling came through the emergency docket, the case is now passed back down to the lower court, who will hear the case with oral arguments.
Ken Paxton, Texas’s Attorney General, issued a statement after the ruling was announced: “Although the Supreme Court has permitted the continued destruction of Texas’s border security measures, this appeal remains ongoing, and the Office of the Attorney General will argue the case in front of the Fifth Circuit on February 7.”
In the wake of the decision, Abbott doubled down, announcing that the Texas National Guard would continue putting up razor wire. GOP governors from across the country announced their support for his actions.
You can review all of the documents involved in the Supreme Court’s decision here.
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