Texas is permitted to maintain the buoys that Governor Greg Abbott had ordered placed in the Rio Grande, according to a ruling by the U.S. Court of Appeals for the Fifth Circuit. To prevent Texas from erecting barriers in the river between the United States and Mexico, the Biden-Harris administration filed a lawsuit against the state.
“Biden tried to take them out. Through social media, Abbott said, “I battled to keep them in the water.” “They will remain precisely where they are.”
Contractors started putting the floating border buoys in the Rio Grande at Eagle Pass, Texas, a little more than a year ago, according to Breitbart Texas.
Subsequently, the Department of Justice under the Biden-Harris administration launched a lawsuit against the Lone Star State later that month, requesting the removal of the impediments.
In a letter to Governor Abbott, Assistant Attorney General Todd Kim, and U.S. Attorney for the Western District of Texas Jaime Esparza claimed that the state had unlawfully built a floating border barrier in the Rio Grande at Eagle Pass, Texas. The letter states that the U.S. Army Corps of Engineers did not approve the buoy barrier installation. The Department of Justice asserts that the barrier’s creation of a danger to river transportation is a violation of the Rivers and Harbors Act.
In its majority ruling, the court rejected a lower court’s preliminary injunction after an en banc appeal, holding that the district court erred in concluding that the United States would probably establish the barrier in a navigable section of the Rio Grande. We are unable to reconcile the district court’s conclusions and findings with more than a century’s worth of precedent.
Additionally, the three-judge panel, which had previously supported the lower court’s decision, reversed the entire court’s decision.
The lower court in the Western District of Texas has scheduled the lawsuit’s trial for August 6th in Austin, Texas.
The matter is USA v. Greg Abbott, U.S. Court of Appeals for the Fifth Circuit en banc, Case No. 23-50632.
Bob Price is a senior news writer and assistant editor for the Breitbart Texas-Border team. He was one of the founding members of the Breitbart Texas group. Price frequently participates in panels on Fox 26 Houston’s Sunday morning discussion show What’s Your Point? Furthermore, he serves as president of Blue Wonder Gun Care Products.
