The United States Court of Appeals for the Fifth Circuit ruled this week in favor of Texas in its legal dispute with the Biden administration over the state’s use of a floating barrier in the Rio Grande.
“One year ago, Texas installed marine barriers in the Rio Grande. The Biden-Harris Administration SUED Texas for stepping up to protect our state and our nation. Americans deserve law and order at the border, so the buoys remain in the water today,” Governor Greg Abbott said in a recent social media post.
The appeals court ruling overturned a preliminary injunction that a court panel had previously ordered. The injunction mandated the removal of buoys that Texas had placed in the river to boost border security. Tuesday’s ruling was narrowly focused on whether the court had abused its discretion in granting the preliminary injunction and whether the plaintiff would likely be able to prove that the defendant had violated federal regulations.
Writing for the majority, Circuit Judge Don Willett argued that the federal regulations in question likely did not extend to the specific section of the river where Texas had set up the barriers, according to CNN.
Willett also criticized the Justice Department’s claims, stating that the federal agency had failed to provide evidence of any safety threats posed by the buoys. Additionally, Willett dismissed concerns about diplomatic relations with Mexico, asserting that the lower court’s decision was not justified on those grounds.
The decision, however, was not unanimous.
Seven of the seventeen judges on the court issued dissenting opinions, with Circuit Judge James Ho partially dissenting. He stated that Texas should prevail because the decision to place the buoys was a “military decision” to ward off a foreign “invasion” and was thus a political issue that the courts did not have authority over.
The ruling marks a temporary victory for Abbott, who has been vocal in his support for the barriers.
Abbott celebrated the court’s decision in another social media post, highlighting the ruling as a triumph for state sovereignty and border security.
“Texas can KEEP these buoys in the water securing our border,” Abbott declared. “Biden tried to remove them. I fought to keep them in the water. That is exactly where they will stay. JUSTICE!!!!” he added.
The Justice Department, which originally filed suit against Texas in July 2023, has not yet indicated whether it will appeal the new ruling vacating the injunction to the Supreme Court of the United States.
Meanwhile, court proceedings will continue as the case moves toward a full trial.