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IPFS News Link • Texas

Can Texas Constitutionally Engage in War and Protect Itself From Imminent Danger?

• by Joe Wolverton, II, J.D.

"As each state will expect to be attacked and wish to guard against it, each will retain its own militia for it own defense." — James Madison, speech at the Virginia Ratifying Convention, June 16, 1788

"This is not over. Texas' razor wire is an effective deterrent to the illegal crossings Biden encourages. I will continue to defend Texas' constitutional authority to secure the border and prevent the Biden Admin from destroying our property."

That's the message sent via X (formerly Twitter) by Texas Governor Greg Abbott on Tuesday.

Obviously, Governor Abbott remains resolute. His declaration that his state's battle with the federal government is far from over follows a divisive ruling by the Supreme Court on Monday. In a surprising turn of events, the Court, typically leaning conservative, granted a victory to the Biden administration. The ruling allows federal agents to dismantle razor wire that Texas had erected along a stretch of the U.S.-Mexico border.

The installation of this razor wire, strategically placed near the border city of Eagle Pass, was just one of the bold measures taken by the Republican governor in his ongoing efforts to curb illegal immigration. However, the Supreme Court's decision, delivered with a tight 5-4 vote, saw Chief Justice John Roberts and Justice Amy Coney Barrett, both known for their conservative leanings, siding with the Court's three liberal justices in support of the administration's position.

This verdict temporarily permits Border Patrol agents to remove the razor wire that had been placed along the banks of the Rio Grande, pending the outcome of an ongoing lawsuit. The Biden administration's argument hinges on the belief that the presence of this wire impedes Border Patrol agents from efficiently reaching migrants as they attempt to cross the river. They assert that federal immigration law takes precedence over Texas' determined efforts to stem the tide of migrants. This decision comes in the wake of a federal appeals court's ruling last month, which had compelled federal agents to cease their efforts to cut the wire.