The US Government Has Filed Its Closing Argument -- About Eagle Pass, Texas -- Against Gov. Abbott's Lawlessness. [Update: Losing Texas Arguments Added.]

Not surprising. The Biden Administration is clearly right here.

Texas offers only distraction and bluster. Here's the winner's 13 page argument, and a bit:

. . .The United States is likely to succeed in establishing that the Rio Grande in the vicinity of Eagle Pass, Texas is a “navigable river” under Section 10. Four Acts of Congress (see Exhibits G-45 to G-48) recognized, and enacted provisions to protect, the “navigability” of the Rio Grande in connection with authorizing bridges and other projects involving foreign commerce (electric wiring and water connections) between Eagle Pass and Piedras Negras, Mexico. See Reply 3-4 (ECF 37); Surreply 3 (ECF 41) (Texas conceding that these statutes “concern obstructions ‘across’ the Rio Grande” at Eagle Pass). This alone establishes the government’s likelihood of success. . . .

With respect to the larger segment of the Rio Grande over which the Corps’ Fort Worth District exercises RHA regulatory jurisdiction, the Court heard Mr. Shelnutt’s testimony about the District Engineer’s March 31, 1975 navigability determination and the study underlying that determination. G-34, G-35; Tr. 14-15. These documents establish that the District Engineer properly determined the Rio Grande is an RHA navigable water from river mile 275.5 -- the boundary between the Fort Worth and Galveston Districts -- to river mile 610.0, which is the boundary between the Fort Worth and Albuquerque Districts, about 135 miles upstream of Eagle Pass. G-34 at 1, 2; G-35 at 14-15, 18. Mr. Shelnutt testified that this 1975 determination is the Corps’ basis for including the Rio Grande on its 2011 list of Fort Worth District RHA navigable waters. Tr. 12-15; see also Compl. Att. 1. He testified that the 1975 determination remains in effect and that he relies on it in his day-to-day work as a regulatory project manager for the District. . . .

Game. Set. Match. Now -- will we see a ruling by Monday morning? Who knows? But the law is clear:Abbott loses; asylum seekers. . . win.

नमस्ते