GOP Gov. Abbott's foot dragging will fail.
The Fifth Circuit will likely say that it will stay the removal after September 11, but it certainly is clear on the law, that Texas had no right to float it -- and a move to the Texas state owned shore is in order. But we shall see. Here's the Biden Administration position, on it all, just filed about an hour ago:
. . .The order on appeal (as of last night) directs Texas to, in coordination with the United States Army Corps of Engineers, reposition (not remove entirely) the floating barrier Texas built in the Rio Grande by September 15. PI Order at 41-42. Texas asserts that “a ruling by 12pm on September 11 is needed for ‘coordination’ with the Corps per court order, and with the State’s contractor, who confirmed that repositioning was possible in ‘four or five days.’” Mot. at 3 (citations omitted). Before September 11, then, Texas’s compliance with the district court’s order requires only preparatory work for the repositioning, including coordination with the Corps -- which stands ready to coordinate with the State and its contractor when they are ready.
Even Texas’s purported September 11 deadline is dubious. Texas cites only a statement from its contractor at the preliminary-injunction hearing explaining how it was possible to move the barrier system “in just a matter of four or five days,” Tr. 102; the contractor did not say that it could not be moved in less time than that. . . .
Texas by its own admission certainly does not need to move any buoys before September 11 in order to comply with the district court’s order, there is no good cause to administratively stay the order prior to September 11. And the United States is prepared to respond to Texas’s motion for a stay pending appeal at such time as the Court can consider the motion and response in time to rule expeditiously on Texas’s stay motion. . . .
Late Thursday Evening Update: The Fifth Circuit, as expected, has entered a seven day stay, while the above coordination is sorted out. But it is not yet clear whether that will last beyond the initial, perfunctory, seven days.
Well. . . it will be good theater, watching that buffoon Greg Abbott squirm under the weight of the federal judiciary catching him. . . in bold-face lies. And, in unmistakeable contempt. . . for clear, long-standing, well-known federal law.
But to be clear, this is the human cost of delaying (even by seven days) the removal of the floating razor wire: Norlan Bayardo Herrera is dead. He would not be, but for Gov. Abbott's razor wire. "The 20-year-old Honduran refugee drowned recently trying to cross the swift Rio Grande near Greg Abbott's barbarous barrier. His story has been completely ignored by U.S. English-language news media. (Source: Univision, published in the Daily Mail)" -- Will Bunch
नमस्ते
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