The Department of Justice’s lawsuit against the state of Texas over the border buoys in the Rio Grande was portrayed as a loss for Governor Greg Abbott, but in reality, it was the DOJ’s case that failed. The federal government claimed regulatory authority over the Rio Grande as a navigable waterway, but they couldn’t prove it. U.S. District Judge David A. Ezra appeared uninterested in evidence that the Biden administration has abandoned the border, which works in favor of Texas’ case. Texas relies on the compact clause of the U.S. Constitution, which grants states the power and duty to defend their citizens when the federal government fails to do so. The definition of “actually invaded” is key here, and historical context shows that the border crisis in Texas qualifies as an invasion. The Biden administration seems to live in a different reality where Mexico is viewed as a friend and partner, but the recent incident involving Mexican criminal cartels highlights the truth. Mexico is not a willing partner, and Texans are paying the price. While Judge Ezra has yet to rule on the case, it’s likely to reach the Supreme Court and provide an opportunity to affirm the constitutional power of states to protect their citizens and sovereignty.
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