Texas gets win from full appeals court in dispute with DOJ over buoys in Rio Grande

The 5th US Circuit Court of Appeals delivered a significant victory to Texas in its legal battle with the Biden administration over the state’s construction of a floating barrier in the Rio Grande.

In a split decision, the conservative court overturned a lower court’s preliminary ruling that had ordered Texas to remove the barrier.

The majority opinion, written by Circuit Judge Don Willett, argued that the federal law cited by the Justice Department likely did not apply to the section of the river where the barrier was placed and that there was no evidence the barrier posed a safety threat.

Seven judges dissented, with Circuit Judge James Ho arguing that Texas’s action was a “strategic military decision” to “repel” a foreign “invasion,” making it a political issue beyond the courts’ jurisdiction, CNN has reported.

read more: https://www.cnn.com/2024/07/30/politics/texas-rio-grande-buoys-5th-circuit-decision/index.html

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