The National Review
Reacting to the Biden administration’s refusal to detain or expel illegal migrants, Texas put up coiled razor wire on state and private land. This is controversial because it is effective. The federal government has treated Texas, not the migrants, as the problem.
Border Patrol agents were caught on video destroying sections of wire to wave migrants through. Texas filed suit, alleging trespassing and destruction of state property.
This raised complex issues of federalism and judicial remedies. In December, the Fifth Circuit issued a temporary injunction to prevent the Border Patrol from destroying more wire while the appeal was pending.
The Supreme Court ruled 5–4 to lift the injunction, with Chief Justice John Roberts and Justice Amy Coney Barrett voting with the liberals. Neither the Court nor the dissenters wrote opinions explaining their reasoning.
This triggered an explosion of anger at Roberts and Barrett, but an emergency appeal was a poor vehicle by which to resolve dueling facts and reconsider precedents. The Fifth Circuit will hear arguments soon for a permanent injunction.
This may offer the Supreme Court a fuller record.
Texas is taking further steps to force Biden’s hand, with the support of other states and now also Trump.
Liberals are accusing Texas of defying the Supreme Court, a peculiar charge given that the justices issued no order to the state. Meanwhile, Congress and the voters hold better remedies for a rogue president’s refusal to do his job.
