In The Eagle Pass Floating Razor Wire Barrier Case, The Agencies Respond To Gov. Abbott Overnight In West Texas...

We intend to keep a complete record of the millions in local Texas taxpayer funds Gov. Abbott and AG Paxton are wasting on clearly specious legal filings -- in a suit they've already lost. And that is before we mention the depravity and cruelty, of the violations of international law they seek to continue along the Rio Grande.

So, overnight, the federal agencies have reiterated why they won -- in response to a post trial motion from Texas, to dismiss without additional proceedings. This, even though Texas has appealed to the Fifth Circuit, on its losses. It will continue to lose, because the federal waterways. . . are, well. . . federal -- and the agencies are empowered by self-executing treaties and statutes, to remove all barriers on them. Here's a bit of a very cogent 28 pager:

. . .[T]he amended complaint states a claim under the Supremacy Clause that Article VII of the 1848 Treaty of Guadalupe Hidalgo preempts Texas’s construction of the floating barrier.

The treaty text and the parties’ post-ratification understanding unambiguously reflect that Article VII’s guarantee of free navigation on the Rio Grande is self-executing. That other provisions of the 1848 Treaty may not be self-executing is irrelevant, and the treaty’s dispute resolution provision is not a domestic enforcement mechanism. Finally, the United States alleges sufficient facts to support its claim, and Texas’s defenses based on amorphous “territorial rights” lack merit. . . .

Now you know -- and now. . . it is time to pack, quick-clean the house -- and catch an Uber to O'Hare! Be excellent to one another!



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