Officials in the Biden administration have vigorously pushed for policies that some argue could harm the United States. So it is worth celebrating when they fail.
On Tuesday, the U.S. Court of Appeals for the Fifth Circuit ruled in favor of Republican Governor Greg Abbott of Texas. The case concerned Abbott’s July 2023 decision to place a floating barrier in the Rio Grande River near Eagle Pass, Texas, aimed at curbing the illegal influx of immigrants into the United States.
The Biden administration, desperate to keep the border open, immediately sued Abbott. Citing the Rivers and Harbors Appropriation Act of 1899, federal officials demanded removal of the floating barrier.
A district court then granted a preliminary injunction against Texas, which the full appeals court stayed pending appeal.
In other words, the issue of whether Texas violated the RHA by unlawfully blocking navigable waters has been under judicial review for the past year.
The entire case, in fact, involves a degree of obvious diabolical deception.
It’s clear that the Biden administration is not particularly concerned about the RHA, and this is widely recognized. Federal officials sued Abbott not to protect river navigation, but rather to maintain an open border.
Still, the appeals court had to proceed as if RHA and not open borders constituted the real issue.
“We ask: Can the United States likely prove during trial that Texas violated the RHA? That question turns on another: Can the United States likely prove that the barrier is located within a navigable stretch of the Rio Grande? Because the RHA extends only to navigable waters, our answer to this question may — and in our view does — dispose of the first,” the appeals court wrote.
In other words, the Biden administration could not even prove the river’s navigability in that relevant stretch.
It seems that the federal government’s main intention was to keep Texas entangled in court battles over an issue that many see as clearly frivolous.
“Accordingly, we now DISSOLVE the stay pending appeal, REVERSE the district court’s order granting a preliminary injunction, and REMAND with instructions to vacate the preliminary injunction and for further proceedings consistent with this opinion,” the appeals court wrote.
On the social media platform X, Abbott celebrated.
“The Federal Court of Appeals for the Fifth Circuit just ruled that Texas can KEEP these buoys in the water securing our border. Biden tried to remove them. I fought to keep them in the water. That is exactly where they will stay. JUSTICE!!!!” the governor posted on his profile.
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