[U] USDC Judge Alia L. Moses Has Correctly Held That The State Of Texas Cannot Place Land-Based Razor Wire Barriers In The Way Of DHS And CBP. Excellent.

I disagree with most of her editorializing -- to the effect that it is the federal agencies' actions that are causing the problems. But no matter, at least the courts in West Texas are "showing their homework" once again. [And to be clear, none of her prior orders have been unsealed. Hmm. Maybe the Fifth will correct that, as part of Gov. Abbott's appeal of his complete loss, as I mention in the update. We shall see.]

Yes, this is the right result -- but make no mistake -- the opinion, as published this morning, is a political bow to Gov. Abbott. She knows she has to keep living in Del Rio, where there are more gun nuts who want Gov. Abbott to do more -- to use hit squads, for example. [Prior backgrounder, here.]

And I am not immune to the notion that perhaps a more balanced, on the law opinion might paint a target on her back -- among those MAGA nuts.

So I accept that this is the way she squared the circle, as a political matter. But understand, I reproduce the pull quote below, solely to highlight the disagreeable political speechifying she engages in:

. . .The U.S.-Mexico border presents a unique challenge that is equal parts puzzling to outsiders and frustrating to locals. The immigration system at the heart of it all, dysfunctional and flawed as it is, would work if properly implemented. Instead, the status quo is a harmful mixture of political rancor, ego, and economic and geopolitical realities that serves no one. So destructive is its nature that the nation cannot help but be transfixed by, but simultaneously unable to correct, the present condition. What follows here is but another chapter in this unfolding tragedy. The law may be on the side of the Defendants and compel a resolution in their favor today, but it does not excuse their culpable and duplicitous conduct. . . .

Migrant numbers increased apparently in response to softened political rhetoric. . . [Editor's Note: she apparently feels the four years of documented lawlessness -- as found by the US Supreme Court, under Tangerine. . . was solely "appropriate" political rhetoric; and Mr. Biden's return to a lawful course -- complying with our treaties and laws. . . is "softened"?! C'mon, your honor. Give it a rest.]

This is plainly the right result, but the winning here was "very ugly". It has been a full month that CBP has been hamstrung, in its efforts to prevent injuries like those in my last post on the topic. Damnation. Out.

Updated: I should note that Gov. Abbott already filed an appeal of his complete loss, here to the Fifth Circuit. He will lose there, too.

नमस्ते