And Texas Just Lost, On The Floating Razor Wire Barrier, In The Fifth Cir. -- The Federal Agencies May Immediately Drag It Completely Onto The Texas Shore Of The Rio Grande...

This SECOND opinion of the afternoon -- a snowy Friday "double whammy" -- out of the very conservative Fifth Circuit. . . is a clear warning to Gov. Abbott that he will ALSO lose, in the Fifth, on his odious land based lawless razor wire barriers. [See immediately prior post.]

The river case, along a stretch called Eagle Pass -- of the Rio Grande. . . has now been decided on appeal. The trial court was correct in ordering the barrier dragged immediately out of the water, at Texas' expense, and dumped on the Texas side shoreline, in a fashion that won't endanger human life.

This is, in sum, a complete repudiation of Abbott's multi billion dollar waste of Texas tax money called "Operation Lone Star". [It might have more accurately been called "Cruelty to The Helpless -- and Graft for Texas-Sized GOP Donors / Construction Firms."] Do read it all -- it will control, in many respects, the outcome in the land based razor wire barrier case. The MAGA GOP of Texas could not have suffered a more complete set of losses, at the border, over the last two days. . . if it had intentionally TRIED to lose:

. . .In July 2023, Texas, at the direction of Governor Greg Abbott, installed a floating barrier in the Rio Grande near Eagle Pass, Texas. The United States filed a civil enforcement action against Texas, alleging that installment of the barrier violated the Rivers and Harbors Appropriation Act of 1899 (“RHA”). The United States moved for a preliminary injunction, which the district court granted, ordering the defendants to cease work on the barrier and to move it to the Texas riverbank. Texas timely appealed.

This court entered an administrative stay. Finding that the district court did not abuse its discretion, we DISSOLVE the administrative stay and AFFIRM. . . .

In [a federal agency engineer's] declaration, he indicates that the Corps “were unable to determine, among other things, the exact methods of construction and whether the floating barrier was sufficiently anchored to ensure it remained in place,” as well as “any overall effects from the floating barrier on public safety, use of the Rio Grande in that area, and other public interest factors.” Finally, “because no information was submitted for project evaluation and potential permitting, it is unknown if the structure meets engineering standards to withstand predicted high flows. Should segments of the structure, or the entire structure, become unmoored from its location and travel downstream, further risks to navigation and safety could reasonably be assumed.”

This is particularly troubling considering the August 15, 2023, declaration of the United States showing that nearly 80 percent of the floating barrier had drifted out of alignment and into Mexican waters. The ambiguity and concerns surrounding the impact of the floating barrier, which have not been properly evaluated by relevant agencies because of Texas’s unilateral action, support the grant of a preliminary injunction. . . .

Of course, this means far fewer asylum seekers will risk death by wading into the Rio Grande -- a course of conduct allowed by our treaties with Mexico (no matter how much the MAGAts lie about it only being "allowed" at designated ports). This is the law. We respect it. Full stop.

नमस्ते