Here is the badly mistaken Fifth Cir. panel opinion, just published this evening.
You may safely ignore it.
This will decided by the Supremes.
But for a moment now, CBP and DHS cannot permanently remove (but may cut) razor wire. They may however, cut and / or remove during "exigent circumstances" -- (defined here and in the District Court opinion as) "for purposes. . . [of] a medical emergency, inspection, or detention. . . ."
Why? Because that exception (with the word "inspection") appears in plain text in federal statutes. And so, the exception entirely swallows the rule announced by the Fifth tonight, so long as CBP lays down about $60 worth of razor wire, after freeing the asylum seekers being held back by it.
This is solely a political speech -- not a legal opinion, in the Fifth, tonight.
That is, the Fifth Circuit panel doesn't explain how (or why) it squares this circle, preferring instead to call their order "temporary". Pure political theater, that.
All of which. . . tells you all that you need to know -- about the sophistry of these GOP appointed judges.
If on the other hand, this opinion is meant as a "shot across the bow" -- of the Colorado Supreme Court. . . for ruling Tangerine ineligible to seek high office ever again. . . well, my personal view is that Colorado ought to let him be thrashed at the ballot box (without doubt he will be), and avoid letting him claim martyrdom. Yet and still -- I am grinning (all 213 pages here, as a pdf file)!
नमस्ते
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