The Supreme Court ruled 5-4 Monday to permit Border Patrol agents to remove razor wire installed by Texas on the U.S.-Mexico border, which was placed in an attempt to prevent illegal border crossings.
The court’s ruling granted an emergency request filed by the Biden administration, who had argued that the razor wire was preventing agents from executing their responsibilities.
Four justices on the nine-member court, namely Clarence Thomas, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh, voted against the Biden Administration’s request.
In July, the Justice Department sent a letter to Texas Governor Greg Abbott, stating that it intended to file legal action against Texas for placing floating barriers in the Rio Grande. CNN reported that a Biden administration official said that Gov. Abbott’s actions “are preventing Border Patrol agents from accessing the river, patrolling the area, and arresting individuals who attempt to enter the country unlawfully,” adding that agents had to cut through wire to respond to medical emergencies.
A federal judge in September ordered Texas to remove the floating barriers in the Rio Grande.
In October, Texas Attorney General Ken Paxton sued the Biden administration for cutting wire at the border, claiming it undermined Texas’ border security.
“By cutting Texas’s concertina wire, the federal government has not only illegally destroyed property owned by the State of Texas; it has also disrupted the State’s border security efforts, leaving gaps in Texas’s border barriers and damaging Texas’s ability to effectively deter illegal entry into its territory,” the lawsuit stated.
A few days later, a Texas federal judge temporarily blocked the Biden administration from removing the wire along the border, ruling that the wire is the “property” of Texas. The order was only in place until November 13 so that arguments could be presented in court.
Rep. Chip Roy (R-TX) on Tuesday called on Texas officials to ignore the Supreme Court’s ruling, stating that “… Texas leaders still have the duty, to defend their people.”
NEW—The Texas National Guard responds to the Supreme Court's order to remove the razor wire in Eagle Pass by installing even more. Governor Abbott has said "Texas will not back down" as it defends its border.
HOLD THE LINE TEXAS. pic.twitter.com/gEDsuZbS7B
— Charlie Kirk (@charliekirk11) January 23, 2024
Texas Attorney General Ken Paxton also called out the Supreme Court, stating that “This fight is not over.”
New from Texas AG Ken Paxton:
"The Supreme Court's temporary order allows Biden to continue his illegal effort to aid the foreign invasion of America…This fight is not over." pic.twitter.com/HrCqPh2D93
— Charlie Kirk (@charliekirk11) January 23, 2024
Gov. Abbott responded to the ruling with a post on X.
This is not over.
Texas' razor wire is an effective deterrent to the illegal crossings Biden encourages.
I will continue to defend Texas' constitutional authority to secure the border and prevent the Biden Admin from destroying our property.https://t.co/pV7Cuq57d1
— Greg Abbott (@GregAbbott_TX) January 22, 2024