The 5th US Circuit Court of Appeals ruled in favor of Texas on Tuesday in the ongoing legal dispute with the Biden administration regarding the state's construction of a floating barrier in the Rio Grande. The appeals court overturned a judge's preliminary ruling that had ordered Texas to remove the barriers, citing that the relevant federal law likely did not apply to the area where the buoys were placed.
Circuit Judge Don Willett, writing for the majority, stated that there was no evidence to suggest that the barrier posed a safety threat and rejected arguments that its removal was necessary to ease diplomatic tensions with Mexico. However, seven judges signed dissents, with Circuit Judge James Ho arguing that Texas should prevail due to the strategic military nature of the barrier construction.
The Justice Department, which did not seek Supreme Court intervention when the 5th Circuit initially allowed Texas to maintain the barriers, has not indicated whether it will appeal the latest ruling. The legal battle will proceed to a full trial as the case continues to unfold.
Texas Governor Greg Abbott expressed his satisfaction with the ruling, emphasizing the importance of border security. He praised the decision to keep the buoys in place, stating that they play a crucial role in securing the border.
The Justice Department filed a lawsuit against Texas over the barriers in July 2023, leading to the initial order for their removal in September. Following a series of legal challenges, the full 5th Circuit Court of Appeals ultimately sided with Texas in the ongoing dispute.
