State of Texas agents and lawyers have now been called liars, by a very capable federal judge. Once that trust is broken, it is nearly impossible to recover -- in the federal courts.
Moreover, the judge is correct. As we noted two days ago, Texas made very disingenuous arguments, then threatened an immediate appeal if it didn't get its way. The able USDC Judge, in response, dryly noted in a footnote, on page one of the opinion that he had played baseball as a youth, and this silly attempt (by Texas) at a "squeeze play" would not prevail in a court of law.
He's one smart cookie. He's made a deflating joke -- of Gov. Abbott's lawless bullying, and depraved cruelty -- at the Rio Grande near Eagle Pass, Texas overnight. [Next up? A Fifth Circuit hearing on February 8, 2024.]
Let's read a bit of Judge Ezra's fine 17 page opinion, here:
. . .This Court recognizes that the State of Texas wishes to have the en banc court go well beyond the purview of a preliminary injunction appeal and deny the parties their statutory and constitutional right to a full presentation of the case on the merits.
This Court does not believe that the Fifth Circuit will take Texas’s invitation to ignore decades of federal precedent and make factual rulings out of hand in the first instance without having an opportunity to address the full factual record as presented through a trial on the merits of whether, in fact, this section of the Rio Grande River is being used on a regular basis by watercraft and can be considered navigable both as a matter of law and in fact. . . .
In Texas’ Motion to Stay, it notes that “not one person has been harmed by contact with the buoys.” (Dkt. # 71 at 8.) Even if Texas’ claims about the lack of safety concerns at the border are true, despite the well documented reports that people, including children, are dying attempting to cross the Rio Grande River, a March trial date would still be appropriate.... [Footnote: Eduardo Cuevas, Mexican Family’s Death at Border Looms Over Ongoing Justice Department Standoff with Texas, USA TODAY (Jan. 20, 2024) (reporting the deaths of two children and their mother who drowned while crossing the Rio Grande River on January 12, 2024.)]. . . .
Now you know. What a misuse of the Governor's office -- and Texans' taxpayer money -- all of this is. And that's before we discuss the bald faced cruelty (and lawless attempts to interfere in federal matters). Damnation, son. Damnation. . . .
नमस्ते
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