OPINION: This article may contain commentary which reflects the author's opinion.
Federal appeals court judges appointed by Republican presidents have dealt a legal blow to Texas Gov. Greg Abbott regarding his state’s actions along the volatile and chaotic U.S.-Mexico border.
Abbott, a Republican, has been actively involved in legal disputes against the Biden administration regarding his jurisdiction to implement border security measures along the southern border, particularly amidst a surge in migrant arrivals in recent months. U.S. Customs and Border Protection (CBP) data reveals that there were over 2.4 million encounters at the U.S.-Mexico border during the 2023 fiscal year, a notable increase from approximately 1.7 million encounters in 2021, Newsweek reported.
Abbott’s administration has argued the illegal crossing of migrants along the Texas border constitutes an “invasion” of the state and invoked “Texas’s constitutional authority to defend and protect itself.”
Nevertheless, Abbott has encountered setbacks in the courtroom as the Biden administration retaliates, notably with the United States Supreme Court ruling in favor of Biden in a pivotal case regarding whether federal border agents can dismantle razor wire erected by the Texas National Guard.
Last week, the Fifth Circuit Court of Appeals, widely regarded by legal experts as one of the most conservative courts in the U.S., handed another legal defeat to Abbott. The ruling pertained to a separate case regarding Texas’ authority to build a floating barrier in the Rio Grande, Newsweek noted.
In September 2023, Judge David A. Ezra issued a ruling mandating that Texas dismantle the barrier until a final decision is reached on the issue. In December, a 2-1 vote by a Fifth Circuit panel upheld the temporary injunction. However, in January, the court consented to a fresh hearing involving the full 11-member court, expanding beyond the initial three-judge panel.
Meanwhile, Abbott’s legal team submitted a request to the Fifth Circuit to “stay trial proceedings” while Judge Ezra set a March trial date for the case, which could coincide with the appeals court’s schedule to hear arguments on the preliminary injunction.
However, on Thursday, seven Republican judges on the court joined Democrats in rejecting Texas’ plea.
Although the Republican judges expressed widespread criticism of Ezra’s timeline, the majority determined that Texas’ attorneys had not satisfied the criteria to pause trial proceedings, the outlet reported.
Circuit Judge Don R. Willett, appointed to the court by former President Donald Trump, wrote that the “rushed schedule” is “questionable” but “not mandamus-able.”
“Despite our misgivings about the district court’s decisions, we cannot say that the rigorous criteria for mandamus are fulfilled. The district court’s scheduling orders although questionable, fall shy of showing a ‘persistent disregard of the Rules of Civil Procedure’ or a pattern of noncompliance that could justify mandamus relief,” he added.
Four additional GOP-appointed judges signed onto that opinion, including Chief Judge Priscilla Richman, appointed by former President George W. Bush, according to Newsweek.
Judge Edith Jones, who was appointed by the late President Ronald Reagan, wrote that although she thinks the “district court abused its discretion in its trial setting and pretrial deadlines,” she “reluctantly” sided against Texas.
Abbott’s legal team noted in a filing filed in January urging the appeals court to stay Ezra’s ruling: “Rushing a trial in this important matter before completion of en banc review would waste resources of this Court, the district court, and the parties. It would also significantly prejudice Texas’s sovereign interest in defending itself and the rights of millions of Texans.”
In January, Abbott defied the Biden administration and said he would step up enforcement actions against migrants who cross into the state illegally, accusing the president of failing to fulfill his constitutional duty to execute border security and immigration laws faithfully.
“The Executive Branch of the United States has a constitutional duty to enforce federal laws protecting states, including immigration laws on the books right now. President Biden has refused to enforce those laws and has even violated them,” Abbott noted in an emergency order.
