[U] CBP Still Feels The Fifth Cir. Should Rule Quickly On The Land Razor Wire Appeal...

Updated Sat. April 6, 2024 -- it seems that AG Paxton and the State of Texas are. . . unaware, that the Fifth Cir. (and the Supremes, by implication) have already said the District Court TRO was improvidently granted. That is, Judge Moses should never have tried to tell the CBP and DHS that they are not the exclusive arbiters of how to handle international border / asylee matters.

So it is, that Texas overnight yammered on for six pages about what the trial court (Alia Moses) originally ruled (now regarded, universally, as in error by all judges who've looked at the matter). Including Alia Moses, on reflection.

She herself has specifically said her thinking has changed immensely, now that the facts of January 2024 are in the record -- and nowhere does Gov. Abbott or AG Paxton express a shred of regret for letting a mom and daughter die in the river on a cold January night. Instead Texas says, in effect, they were dead when CBP got to Shelby Park.

Which of course means. . . Texas agents let them die.

So it changes nothing -- except that the GOP in Texas is soul-less to the core. End, updated portion.

That said, the feds feel the Fifth Circuit should promptly hear argument and bounce AG Paxton and Gov. Abbott out on their ears.

Here is that new bit, from this morning, from counsel for US CBP -- followed by the panel's original request on the parties' views (AG Paxton has not offered his views, as of noon on the due date):

. . .The government does not consider the district court’s supplemental findings to bear on the propriety of expedited review. The government acknowledges that the Supreme Court’s vacatur of this Court’s injunction pending appeal, see Department of Homeland Security v. Texas, No. 23A607 (U.S. Jan. 22, 2024), removes the basis on which the government sought expedition in December, see Mot. to Expedite 4-6.

Nonetheless, the government does not oppose the resolution of this appeal on an expedited schedule, or on any timeline the Court determines is appropriate. See also 5th Cir. R. 47.7 (calendaring priority for actions seeking preliminary injunctive relief). The appeal is fully briefed, and the government stands ready to present oral argument whenever the Court elects to hear it. . . .

[Original:] . . .This case has been removed from abeyance.

The court would like the parties to address whether, in light of the district court’s supplemental findings, expedited review is still warranted. The parties should respond by letter to the court on or before Friday, April 5, 2024. . . .

I still expect that feckless Texas AG Paxton (for MAGA Gov. Abbott) will still push for an answer, quickly as well -- but it is clear that FHS and CBP are in charge again along the Rio Grande.

As we said, it is all over, except for the shouting now. Onward.

नमस्ते