The Supreme Court is allowing US Border Patrol agents to remove razor wire deployed by Texas GOP Gov. Greg Abbott’s security initiative at the US-Mexico border while the state’s legal challenge to the practice plays out.
The vote was 5-4.
The justices’ order is a major victory for President Joe Biden in his ongoing dispute with Abbott over border policy, which had become especially fraught in recent days after three migrants drowned in a section of the Rio Grande that state officials have blocked agents’ access to, prompting the administration to further press for the high court’s intervention.
A federal appeals court last month ordered the Border Patrol agents to stop removing razor wire along a small stretch of the Rio Grande while court proceedings continue, and the Justice Department asked the justices earlier this month to step in on an emergency basis to wipe away that order, which they did on Monday.
Justices Clarence Thomas, Samuel Alito, Neil Gorsuch and Brett Kavanaugh said they would have denied the federal request.
So what was the excuse the dissenters gave? Free access by federal agents and emergency responders to a federal border on presumably federal land, seems pretty cut and dry.
I’m trying to figure that out myself
Edit: none of them explained their vote. Lol. I really can’t understand any argument for the state having authority over the border over the federal government.
And IIRC, the border control has jurisdiction over 100 miles from any border (water/land), which covers some ridiculously high portion of the US population, like 80%.
So yeah, 4/9 of our highest court’s justices seem to have zero ground to stand on for their decision.