The Amended Complaint -- Adds New Counts -- Against Gov. Abbott, In Texas, For His Unlawful, Inhumane Floating Razor Wire On The Rio Grande At Eagle Pass...

To be sure, the overall matter is now on appeal, with no additional action allowed by Texas at the moment.

But just as surely, the federal agencies have amended their complaint, overnight -- to include both an older treaty provision, and to seek a direct order from the court, based on that treaty, forcing Texas (at its state taxpayers' expense) to remove the razor wire obstruction on the Rio Grande, thus:

. . .The Supremacy Clause of the Constitution directs that: “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.” U.S. Const. art. VI, cl. 2. . . . The 1848 Treaty, known as the Treaty of Guadalupe Hidalgo, ended the Mexican / American War, with Mexico ceding certain of its territory to the United States. . . .

Article VII of the 1848 Treaty provides that navigation on the Rio Grande River “shall be free and common to the vessels and citizens of both countries; and neither shall, without the consent of the other, construct any work that may impede or interrupt, in whole or in part, the exercise of this right; not even for the purpose of favoring new methods of navigation.” 1848 Treaty, art. VII. . . . Accordingly, under the 1848 Treaty, the United States “shall” not construct anything in the Rio Grande that “may” impede or interrupt navigation on the Rio Grande River in any way without Mexico’s consent. This free-navigation requirement is binding and self-executing. . . .

At the time the 1848 Treaty was ratified, the term “navigation” was commonly understood to mean “[t]he act of navigating; the act of passing on water in ships or other vessels.” 1828 Webster’s Dictionary; see also A Dictionary of the English Language (1868) (similar); Oxford English Dictionary (1527-1860) (“a voyage; an expedition or journey by sea or water”); Samuel Johnson’s Dictionary (1773) (“the act or practice of passing by water”). . . .

And now you know -- Abbott is literally. . . dead in the water, here.

Onward, into the 70 degree Fall sunshine, by mountain bike. . . smiling.

नमस्ते