BORDER BUOYS: Texas Gets Court Win In Fight With Feds Over Rio Grande

From bouys, to shipping containers, to concertina wire, to Eagle Pass, Joe Biden has been exerting maximum effort in fighting any case that would restrict unfettered illegal immigration.

After crowing about a judgment in its favor about the placement of those floating buoys, Biden’s legal team will have to head back to the 5th Circuit to go through it again… this time, before the full court.

In December the court ruled against Abbott in an order that would have forced him to move the barrier from the river. But on Wednesday, the court granted Abbott’s request for a rehearing of the case with the entire Fifth Circuit instead of the three-judge panel that made the initial call.
The decision means Abbott will get to keep the bouy barrier in the water at least through May when the new hearing is scheduled to be held.
It’s a blow to the U.S. Justice Department which initially sued Abbott in July for putting the barrier in the water without prior permission from the U.S. Army Corps of Engineers, as required by the federal Rivers and Harbors Act.
[…]
In September, a federal court judge sided with the Biden administration on an initial ruling that ordered Abbott to remove the barriers temporarily while the case was debated. But Abbott immediately appealed the decision, saying the lower court judge erred in calling the Rio Grande a navigable river. In that appeal, he insisted the Rivers and Harbors Act did not apply because Texas was trying to defend its borders. — Houston Chronicle

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