The Supreme Court allowed the Biden administration to cut concertina wire blocking federal agents from accessing parts of the U.S.-Mexico border, overruling an appeals court decision which sided with Texas state authorities in blocking federal access.
It was 5-4. Four justices of the Supreme Court apparently do not recognize the validity of the Supremacy Clause (which should be obvious to anyone who reads it). That should be the headline.
What, no shootout?
Fuck Texas. All hat no cattle.
Already a win for the disinfo propaganda. They pulled this shit in the winter when numbers would be likely be naturally lower, so they’ll claim it was because TX took control, and they will now go fucking ballistic over the natural spike in spring, claiming that it’s a direct result of the feds and Biden taking back control.
I’m in Texas and I disagree. This plays like a Biden win and an Abbott blink. And the scumbag TX GOP racists are going to scream about border influx no matter what, facts be damned.
In related news, 4 right wing Supreme Court partisan right wing hacks — Thomas, Kegger Kavanaugh, Alito, and Gorsuch — think Republican run states can ignore the Constitution’s mandate for federal control of the border and make it easy to keep killing migrants.
A twofer for these feral scum.
I am shocked but not surprised it was not unanimous against Texas.
Roberts’ vote was another of his in a long and growing line of decisions where he sides with the three ‘liberals,’ his apparent motivation being trying to hold on to any residual legitimacy the Supreme Court in particular and the federal judiciary in general (here’s lookin’ at you fifth circuit) may have left.
Roberts seems to understand that without weapons or the power of the purse, that, fundamentally, the core authority of the Court rests on public acceptance that their decisions are based on facts and law, and not on partisan political preferences.
For a great many of us, that horse left the barn with Bush v Gore, when the Republican five arrogated to themselves the power to appoint Bush president - arguing in part he, Bush, would suffer irreparable harm if all votes were counted! Gutting the Voting Rights Act and Civil Rights Act, not to mentioning opening the floodgates to unlimited anonymous political financial largesse, have made it crystal clear: The Supreme Court is a partisan political actor.
The current Supreme Court have repeatedly shown themselves to be politically partisan actors.
The Biden administration should never have let this get to the federal court system; instead, they should have taken preemptive action on the same day Abbott attempted to block federal agents.
As it is, Biden deferred to the courts, waiting for SCOTUS’s permission on something that clearly is in federal jurisdiction. This sets yet another bad precedent, given that four of the MAGA justices ruled on a partisan rather than juridical basis. To wait for the court’s blessing on any future cases that are this open-and-shut is rolling the dice and granting the court power and prestige it does not merit.
Instead, Biden should have activated units of the nearest regular military (probably Fort Hood) and sent them in overpowering force (yes, with Abrams tanks rolling down the road) to gain access to the border while nationalizing the Texas National Guard and ordering them to go home.
Ike didn’t flinch at Little Rock; neither should Biden. Otherwise, it’s simply giving Texas leave to conduct a slow-rolling secession.
So, maybe the 21st century Ft. Sumpter will occur on the US-Mexican border in Texas. Texas state police will fire on federal border agents and then … I have no idea what happens next.
It’s kind of fascinating how many spaces and ways nonhuman animals can move in that are physically impossible for humans.
When I read the story that was my thought, that the big news is 4 Supreme Court Justices think that individual states can set border and immigration policy.
I don’t know if I’d go that far, but your points are well taken.
Biden should probably activate the Texas and Florida National Guard and send each of them to another state’s border to “deal with the supposed crisis using federal powers” and have them forced to work with federal immigration authority outside of their own states.
(Maybe activate California too just for balance?)
Ron and Abbott need to have their toys reduced.
On the news this weekend I saw a big DeSantis donor now saying he was going to give his big bucks to Trump but wanted Trump to take Gregg Abbott and all is double consonants to be Trump’s VP.
I wouldn’t be in the least surprised if the feckless timid AG Merrick Garland advised President Biden to use the courts to reassert federal control of the border. Given the right wing supermajority on the 5th Circuit and SCOTUS, this approach is fraught with undue risk.
Wow they are nuts.
“Four justices of the Supreme Court apparently do not recognize the validity of the Supremacy Clause”
No kidding.
“Should” is not realpolitik.
I’m in TX and it’s not that. It’s Abbott cosplaying to the lunatic far W TX evangelical billionaires who own him, but who will (at the same time) damned sure hold on to the federal subsidies.
It’s not secession. It’s an attempt to have their cake (federal $$) and eat it (run the state w/ disregard for federal law) too. Dixie states did it for decades of Jim Crow.
Nope. (“Sumter”)
Once again, not realpolitik.
Fuck that noise.
Last week a Mexican migrant smuggler in Texas pleaded guilty in a case where 53 migrants were suffocated in a trailer. He could face life imprisonment.
Actually, he should have his case reopened, at least on the homicide and placing
lives in jeopardy charges. He could make the argument that the deaths were incidental to his objective. Whereas the three migrants who drowned in the Rio Grande were killed as a deliberate policy of the Texas governor, who actively obstructed attempts to rescue them. If Abbott isn’t charged (and Abbott was also engaged in human trafficking, sending migrants to other states by enticement and false imprisonment), then why should this guy be?
