The Fifth Circuit Heard Oral Argument This Morning, And Was Quite Skeptical -- About Gov. Abbott's Claims On The Rio Grande.

This is in no manner surprising.

As we said it would be, the Fifth Circuit panel seemed very dubious about the Texas state lawyer's claim that there was no evidence to support the preliminary injunction, a panel member interrupting her at one point to say "it is simply inaccurate to suggest" that the trial court had no evidence for its factual findings -- on "obstruction" and "navigable waterway". Here's a bit from the fine federal District Court's earlier opinion -- but do listen to the whole 30 minutes of back and forth, as an .mp3 file from this very morning:

. . .Texas’s construction of the floating barrier has violated two of the three courses of conduct proscribed by Section 10 of the RHA. The first clause of § 10 prohibits “[t]he creation of any obstruction not affirmatively authorized by Congress, to the navigable capacity of any of the waters of the United States.” Id. The second clause makes it unlawful “to build or commence the building of any wharf, pier, dolphin, boom, weir, breakwater, bulkhead, jetty, or other structures in any port, roadstead, haven, harbor, canal, navigable river, or other water of the United States, outside established harbor lines, or where no harbor lines have been established, except on plans recommended by the Chief of Engineers and authorized by the Secretary of the Army. . . .”

So it is, that Gov. Abbott is about to see an order from the Fifth Cir., removing the stay -- and enforcing the District Court order to tear out the barrier, and drag it to the Texas shore -- leaving it there. In fact, one panel member noted for the record that there is no evidence that moving it to the Texas shore will alleviate the government of Mexico's concerns -- which of course, is the exclusive province of discussions with Mexico, and the federales -- who are in charge of treaty making and US / international policy. A place where the numb-skulled Governor of the State of Texas has. . . no role, according to our Constitution.

Onward. Now you know. Look for an order, as early as next week.

Out, grinning now. . . with live Lyric Opera on tap, for this coming Saturday night -- with baby girl, and tix, for the "Flying Dutchman", and on closing night, no less! Woot!



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