Staff Reports
The Supreme Court has made a controversial decision in a five-to-four vote, with two Republican-appointed justices siding with the Democrats. The court issued a stay that allows Biden administration agents to open Texas’s border barrier, overturning an appeals court ruling that had favored Texas in its efforts to secure the border against the backdrop of the Biden administration’s open border policies.
The appeals court had issued an injunction in favor of Texas, citing the surge in Border Patrol encounters with migrants entering the country illegally and the exploitation of the situation by drug cartels. Texas had implemented Operation Lone Star, deploying measures like laying concertina wire along sections of the riverfront, resulting in a significant reduction in illegal crossings. However, the appeals court noted a problematic area related to border wire being cut without prior notification to Texas, for reasons other than emergencies.
America Dies Suddenly
Supreme Court Rules 5-4 to Allow Biden Admin to Cut Texas Border Barrier https://t.co/sJjNR5Q6tz pic.twitter.com/dBflJi7atc
— The White Rabbit Podcast 🐇 (@AllBiteNoBark88) January 23, 2024
Texas had sued to prevent federal agents from cutting the border wire, citing trespass and a violation of the Administrative Procedure Act (APA). The appeals court rejected the DOJ’s attempt to dismiss the case based on immunity, affirming much of the trial court’s reasoning in favor of Texas, particularly emphasizing the need for clear protections for property rights from government intrusion and control.
U.S. Solicitor General Elizabeth Prelogar sought a stay of the injunction from the Supreme Court, effectively putting the lower court decision on hold during ongoing appeals. In an unexpected move, the court granted the stay in a five-to-four vote, with Chief Justice John Roberts and Justice Amy Coney Barrett aligning with the three liberal justices. This decision has raised concerns among those addressing the border crisis, signaling the Supreme Court’s willingness to at least consider an appeal as requested by Prelogar.
The development amplifies the stakes in the ongoing conflict between President Joe Biden and former President Donald Trump over border security. The Supreme Court’s decision carries considerable weight and is likely to influence the resolution of this contentious issue.
