SCOTUS gives permission to remove razor wire at the southern border

January 23 – When Texas Governor Greg Abbott placed razor wire on the banks of the Rio Grande River, near the town of Eagle Pass, where a whole lot of illegal border crossings have been occurring, a lower court held up his ability to do that last year and wouldn’t allow the federal government to take it down. 

Well, the issue ended up in the Supreme Court of the United States yesterday and in a 5-4 decision, the Court said the Biden administration could remove the wire. 

The administration had argued that the wire obstructs border patrol agents from being able to do their job properly, while Texas officials say it’s a deterrent to people who are swimming across the Rio Grande to gain access to the US. 

Pat Ryan of NewsTalk 103.7FM pointed out, “Here’s the government, the Feds suing a state, trying desperately to put the brakes on this open border that Joe Biden and his people, now continually blaming the Republicans which is ridiculous. This is all the Biden southern border, make no mistake about it and now they try to come up with a solution and they sue and win thanks to the Supreme Court.”

Attorney Clint Barkdoll said, “This is one of those situations where we don’t get an opinion from the Supreme Court. All they do is vote on this. Justices Roberts and Amy Coney Barrett joined the three liberal judges to get to that five vote majority. They basically said, Texas’s law, Texas’s initiatives to put their own people on the border and install razor wire along that 30 mile stretch of the border was illegal. The Supreme Court is saying that the federal government has exclusive jurisdiction over these areas and that the state government cannot take actions to interfere with what the federal government does. Now this gets to some really philosophical questions about federalism. There’s actually a very conservative argument that this is the correct ruling because federalism always prevails, meaning federal law supersedes state law.” 

Abbott has argued that his state must take action to protect their own sovereignty. 

Barkdoll said, “The health, safety and welfare of Texans is being compromised by this massive influx day after day of illegal immigrants. The other piece of this story is the federal government arguing and I thought this was kind of an odd argument that the razor wire was actually preventing federal agents from doing border patrol. They told stories where they would see people illegally crossing and because of the razor wire, the Border Patrol agents could not get to those people to detain them. There was also a story of a woman and two children who died in the last few weeks because federal agents were not able to get over this wire to rescue them from a drowning situation. So all of that was in the mix of this argument. But again, five four decisions it’s going to stand. There’s no further appeal. So that razor wire is going to have to come down immediately.”

Michele Jansen of NewsTalk 103.7FM pointed out, “But this isn’t the end of the story in terms of the people still bringing legal ramifications to the Biden administration saying you’re not doing your job. I think what bothers me is that this is yet another example of the Biden administration abusing the process because by the time we get through to the argument that the federal government is not doing its constitutional duty, the country could be done. It’s ridiculous how slow of a process this is, when we see that the Biden administration is blatantly abdicating its constitutional duty. I find that so disturbing. The American people I don’t know whether they’re not educated in this anymore enough to understand just how dangerous and dereliction of duty this is. I mean, it doesn’t seem to matter anymore. You have Mayorkas, the head of the Department of Homeland Security just blatantly lying over and over again, saying the border is secure, the border is secure. No, it’s not and we all know it. Yet somehow we’re all living in la la land. The emperor has no clothes and we just have to go along with it and we don’t seem to have any fast, legal recourse.” 

Barkdoll said, “Even though this decision addresses the razor wire situation, this by no means ends the debate. There are all these other cases pending currently even regarding what states can do, what Texas specifically can’t and can’t do that remain unresolved. They will take a really long time to make their way through the court system. What’s disappointing a lot of observers about this vote yesterday, a lot of people that were supporting the initiatives that Governor Abbott in Texas is taking, they saw this as a real opportunity for the US Supreme Court to weigh in, eliminate the Biden administration’s authority to keep doing essentially nothing about this, but again on a five four vote, they’ve allowed this initiative from the federal level to remain in place which will eliminate at least the razor wire piece. The story is far from done to the extent there’s a lot of other cases still pending.”

Ryan predicted, “This is coming to a neighborhood near you.”

New York City Mayor Eric Adams said yesterday, “Here in New York, the federal government said you can’t work. New York City is responsible for your food, your clothing, your education, everything you do for a family. We are responsible for that. It’s unfair and it’s not right for the asylum seekers and it’s not right for New York.”

Ryan noted, “Adams claimed the city has received more than 168,000 migrants in total. You look at Chicago, you look at one of the greatest moves by that Governor, here you want to feel the pain of your choices and how you line up with the left here, enjoy what Texas is getting and we’re going to ship them right to you.”

There have been days where New York City has received more than 3,000 illegal immigrants on buses in one day. 

Barkdoll said, “When you listen to what Mayor Adams says, listen also to what the mayor of Chicago says and the governor of Massachusetts, all of us, we are now living in border communities and that’s what they mean by that. Just because we are not geographically on that Mexican border, we’re all seeing the effects of this and even if your town or community, you can’t point to a specific example yet, these mayors and these are very progressive liberal mayors and governors, this is the alarm bell they’re sounding, that if we don’t get our arms around this, this is going to end up spreading to every community in the country. As New York is pointing out, they’re already seeing not only the financial effects of this, they’re asking for billions of dollars in additional federal and state aid to address this, but now you’re seeing the problems with housing, their local schools, local food banks, all of these social safety nets are now also being strained. They don’t have the resources to accommodate this influx of people.”