The Biden Admninstration has (as we predicted) said tonight that there is no reason to hold an en banc rehearing. This is not a very novel legal question -- and the statute contstrued is clear. Abbott loses.
Here's a bit of the 24 pager (a pdf file) but this is not going to become a Supreme Court case. The law is clear, the Circuits are not split on how to apply it. Game over:
. . .The panel held that the district court did not err in concluding that the United States had shown that it was likely to succeed on its RHA claims because the segment of the Rio Grande at issue was historically navigable, and thus navigable under the RHA. Op. 6-15. Next, the panel concluded that the barrier is both an obstruction to the Rio Grande’s navigable capacity and an “other structure” placed in the river without a permit. Op. 15-21.
On the equities, the panel concluded that the district court did not abuse its discretion. The panel explained that the United States had established likely irreparable harm in its relationship with Mexico, as well as to federal operations on the river; and that the public interest, as expressed by Congress in the RHA, weighed in the United States’ favor. Op. 22-28. . . .
Onward, smiling on a warm December Friday, as a classical violinist plays baroque selections in the subway. . . whilst I wait on a northbound train. Grin. . . .
Oh. And the already broke, disbarred nearly-80 year old former NY mayor and former US attorney (and cross-dressing Trump buddie). . . has lost a libel verdict in Georgia, one he decided to try, to a jury. If he ever recovers his health, and / or finds some money -- it will go first to the two election workers he intentionally defamed -- in Tangerine's name. Karma, they say. . . is a wheel. Indeed.
नमस्ते
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