In a split decision on Monday, the Supreme Court ruled that Border Control agents can continue to cut razor wire that Texas officials installed on the U.S.-Mexico border in response to President Joe Biden’s border crisis while the case proceeds. In Homeland Security et al. v. Texas, the Court ruled 5-4 to grant an emergency appeal by the Biden administration to reverse an injunction from the Fifth Circuit Court of Appeals and allow feds to cut the concertina wire along a 30-mile section of the Rio Grande River near the border city of Eagle Pass:
The application to vacate injunction presented to Justice Alito and by him referred to the Court is granted. The December 19, 2023 order of the United States Court of Appeals for the Fifth Circuit, case No. 23-50869, is vacated.
Justice Thomas, Justice Alito, Justice Gorsuch, and Justice Kavanaugh would deny the application to vacate injunction.
Justices John Roberts and Amy Coney Barrett sided with the liberal wing of the court, which did not explain its decision.
Fox News’ Bill Melugin wrote on Twitter:
The majority of the razor wire is deployed in the Shelby Park area of Eagle Pass – city owned property that the state of TX recently seized control of with armed soldiers – and kicked the federal government out.In order to remove the wire, TX has to allow Border Patrol back in. If they refuse – what happens? This is potentially setting up a significant state vs federal showdown if push comes to shove.
BREAKING: The Supreme Court has ruled 5-4 that Border Patrol agents *are* allowed to remove razor wire installed by Texas.
The invasion goes on.
After a desperate request filed by Biden to open the flood gates, the Court decided that the illegal surge should continue by… pic.twitter.com/c4WmWnhCs7
— Collin Rugg (@CollinRugg) January 22, 2024
The Biden administration said in court papers that the razor wire impedes Border Patrol officials’ efforts to rescue illegal immigrants who run into trouble crossing the border, which is now wide open thanks to this ruling.
Rep. Chip Roy (R-Texas) wrote on Twitter: “I support Texas continuing to take all steps necessary to secure the border & force an end to the flow. All members of TX Congressional delegation should oppose to [sic] any funding to DHS or any other entity facilitating this brazen violation of the security & welfare of Texans.”
This is a developing story.