Biden administration officials are straining for every measure that could destroy the United States of America. So when they fail, it’s worth celebrating.
The 5th U.S. Circuit Court of Appeals on Tuesday sided with Texas Republican Gov. Greg Abbott in a case involving his 2023 The decision was made in July to install a floating barrier on the Rio Grande River near Eagle Pass, Texas, as part of a plan to try to stem the flow of illegal immigrants into the United States.
The Biden administration, desperate to keep the border open, immediately prosecuted Abbott. Federal officials cited the Rivers and Harbors Appropriations Act of 1899 to require removal of the floating barrier.
A district court subsequently issued a preliminary injunction against Texas, which an appeals court stayed pending an appeal.
In other words, the question of whether Texas’ illegal obstruction of navigable waters violated the RHA has remained in court for the past year.
In fact, the entire case involved a degree of clearly nefarious deception.
After all, the Biden administration isn’t mad at the RHA, and everyone knows that. Federal officials sued Abbott not to protect river navigation but to keep the border open.
Nonetheless, the Court of Appeal had to proceed as if the real issue was the RHA and not the open border.
“We ask: Can the United States prove at trial that Texas violated the RHA? This question begs another question: Can the United States prove that the wall is within a navigable stretch of the Rio Grande? Since the RHA only applies to navigable waters , so our answer to this question may—and we believe it does—address the first issue,” the appeals court wrote.
In other words, the Biden administration cannot even certify the navigability of the stretch of river in question.
So the federal government’s main purpose seems to be to keep Texas stuck in court over something patently ridiculous.
“Accordingly, we now lift the stay of appeal, vacate the district court’s order granting the preliminary injunction, and remand with instructions to vacate the preliminary injunction and proceed with further proceedings pursuant to this opinion,” the appeals court wrote.
So barriers remain.
On social media platform X, Abbott celebrated the news.
“The federal 5th Circuit Court of Appeals just ruled that Texas can keep these buoys in the water to protect our border. Biden is trying to remove them. I fought to keep them in the water. That’s where they’re going to stay. Justice! Posted by the Governor.
The 5th Circuit Federal Court of Appeals just ruled that Texas can keep these buoys in the water to protect our border.
Biden tried to remove them.
I struggled to keep them in the water.
That’s exactly where they’re going to stay.
justice! https://t.co/IlzttmnOVr
— Greg Abbott (@GregAbbott_TX) July 31, 2024
In short, by appealing to 19th-century river navigation laws, Biden administration officials have exposed their shamelessness and their desperation to keep the border open.
But, as it sometimes does, the U.S. judiciary acted to protect the interests of a sovereign people.
This article originally appeared in Western Daily News.
