Don’t Mess with Texas: Fifth Circuit Rules Against the Biden Administration in Buoy Dispute on Southern Border

Texas won a big victory in the United States Court of Appeals in the long struggle over floating buoy barriers in the Rio Grande River to help block unlawful migration. In United States v. Abbott, the court ruled 11-7 in an en banc decision against the Biden Administration over the barrier. It is an interesting decision that included a sharp disagreement over the claim that the large numbers of migrants across the border constitute an “invasion” under Article I, Section 10, Clause 3 (“[n]o state shall, without the Consent of Congress, . . . engage in war, unless actually invaded, or in such imminent Danger as will not admit of delay”).

In its challenge, the Biden Administration claimed the placement of the buoys  violated the Rivers and Harbors Act of 1899. The appellate panel and trial court previously  ruled in favor of the federal government. However, both were overturned.

The majority found that the specific stretch of the Rio Grande that was chosen by the state is not covered by the Rivers and Harbors Act because it is not “navigable.” The definition of navigable waters has long been a matter of dispute in the courts.

Yet, it was the invasion issue that had many of us watching for this decision. I have previously expressed doubts over this theory. I agree with Texas on its criticism of the Biden Administration’s disastrous handling of the border. The impact on Texas is devastating. However, I do not believe that it qualifies as an invasion under Article I.

The opinions deal with this issue in dicta rather than the central holding. Some judges felt that the court should have addressed the issue.

What is interesting is the concurring opinion of Judge James Ho that the meaning of “invasion” is a “political question.” As such, he believes that courts must defer to the Texas governor’s assertion that there is an invasion, at least so long as the governor is acting in “good faith.”

In his concurring opinion, Judge Andrew Oldham maintains that Ho is wrong about the necessity of the court in taking up the issue.

In her dissenting opinion, Judge Dana Douglas objects that this approach would have sweeping and destabilizing effects and “would enable Governor Abbott to engage in acts of war in perpetuity.”

Here are the opinions: United States v. Abbott

344 thoughts on “Don’t Mess with Texas: Fifth Circuit Rules Against the Biden Administration in Buoy Dispute on Southern Border”

  1. States must always act in their citizens’ and others’ safety and security interests, especially when the federal government will not. It’s what the principle of federalism is intended to provide. I can hear the “Border Czar” that never was now screeching, “But wait a minute, the Rio Grande is navigable. It is how we illiberal progressives accommodate for all border crossings, not just those at secure and designated locations where immigrants can be properly vetted before entering.”

  2. Joe Biden says that Kamala Harris hid exculpatory evidence to pad her record of convictions in California. 1000 of her convictions were overturned and undoubtedly many of those that she convicted of drug violations were black people. Joe got this one right.

    1. Harris had an abysmal record as a prosecutor – DA and AG.

      She was not at the time particularly Right or Left – she just acted arrogantly and stupidly, and unconstitutionally.

      1. If her record was so bad why hasn’t the GOP shown any examples instead of going the racist and sexist route?

        I suspect the claims of her record are exaggerated or mere hyperbole without evidence.

        1. 1. Black Lives Matter rioters and criminal justice

          Following the death of George Floyd, Harris shared on social media the Minnesota Freedom Fund in June 2020 amid the Black Lives Matter riots. The fund gave hundreds of thousands of dollars to free a twice convicted rapist and a woman charged with stabbing her friend to death. Of the more than $41 million raised by the fund, only a fraction of it was used to free rioters.

          Harris called for ending the cash bail system during her 2020 presidential campaign.

          2. Healthcare

          Harris was an original co-sponsor of Sen. Bernie Sanders’ (I-Vt.) “Medicare for All” legislation in 2019. She echoed claims that Sanders’ bill allowed “supplemental” plans and therefore didn’t eliminate private insurance. Then Harris released her own Medicare for All plan where there would be a 10-year transition period to Medicare for All while allowing private insurance plans to continue.

          3. Energy and The Green New Deal

          Harris introduced the Green New Deal legislation with Rep. Alexandria Ocasio-Cortez (D-N.Y.) in 2020. The measure could have cost up to $93 trillion, according to the American Action Forum. The Heritage Foundation estimated that the Green New Deal would wipe out more than 5.2 million jobs by 2040 at a peak employment shortfall.

          She also co-sponsored a ban on offshore drilling in 2017.

          During the 2020 presidential race, Harris said she supported banning plastic straws and reducing the consumption of red meat nationwide.

          She also said in 2019 that she supported banning fracking. However, since joining Biden’s campaign in 2020, she has reversed that stance, and in an about-face, Harris’s campaign said last week that she doesn’t support bans on fracking.

          4. Gun control

          In 2019, Harris said that in her first 100 days as president, she would take executive action to ban imports of AR-15 rifles. The Washington Post reported that in fact, soon after Obama’s election, domestic production of semiautomatic rifles surpassed the previous year by nearly 60 percent. According to Statistica, most of the more than 20 million AR-15 rifles in the U.S. have been made domestically.

          During the 2020 presidential race, she also supported a ban on new sales of assault weapons and a mandatory buyback program for confiscating Americans’ assault weapons.

          In the 2008 District of Columbia v. Heller case, Harris filed an amicus brief as the San Francisco district attorney, arguing that there is not a broad constitutional right to gun ownership.

          5. Immigration and open borders

          During a 2018 Senate confirmation hearing for Ronald Vitiello to lead Immigration and Customs Enforcement (ICE), after asking Vitiello about the Ku Klux Klan, Harris asked whether there were parallels between perceptions of ICE and the KKK. Vitiello said he didn’t see any parallels.

          In 2018, Harris said, “I think there’s no question that we’ve got to critically re-examine ICE, and its role, and the way that it is being administered, and the work it is doing. And we need to probably think about starting from scratch.” However, Harris’s spokesperson later said that the then-senator was considering “a complete overhaul of the agency, mission, culture, operations.”

          Harris was named – albeit euphemistically – as Biden’s border czar in March 2021. Nomenclature aside, she was assigned the task of resolving root causes of the border crisis. Last week, the GOP-led House, including six Democrats, passed a resolution “strongly condemning” Harris for her performance as the “border czar.” The House resolution noted that there have been 9.7 million illegal immigrant encounters nationwide since January 2021.

          6. Abortion

          When she ran in the 2020 presidential race, Harris criticized Biden’s campaign’s position supporting the Hyde Amendment, which prevents most federal funding of abortion. However, Biden had said he changed his mind and no longer supported the amendment.

          Harris is believed to be the first sitting VP to visit an abortion clinic, which she did in Minnesota in March. As a senator, Harris, along with more than two dozen other senators co-sponsored the Women’s Health Protection Act, which would have created a national right to abortion.

          7. Student loan forgiveness

          While running for president in the 2020 race, Harris promoted a student-debt forgiveness plan in 2019 as part of investing in Historically Black Colleges and Universities and black entrepreneurs. Her plan ​​allowed up to $20,000 of student loans to be forgiven for borrowers who received a Pell Grant if they started and operated a business for a minimum of three years in a disadvantaged community.

          Later, Harris endorsed Biden’s plant that canceled up to $10,000 of federal student loan debt per borrower.

          8. Supreme Court packing

          In 2019, Harris said that if she was elected president, she would be open to increasing the number of justices on the U.S. Supreme Court.

          “We are on the verge of a crisis of confidence in the Supreme Court,” Harris said at the time. “We have to take this challenge head on, and everything is on the table to do that.”

          On Monday, Biden released details of his proposal for changes to the Supreme Court, which called for Congress to establish term limits and an ethics code for the court’s nine justices. Harris endorsed the proposal, which didn’t recommend adding justices to the high court.

          9. LGBTQ+ rights

          Harris’s 2020 presidential election campaign’s website said that, as president, she would “[r]educe incarceration of LGBTQ+ individuals.”

          The website added that she would “[e]stablish a Chief Advocate for LGBTQ+ Affairs in the White House.” When Harris was California attorney general, she refused to defend Proposition 8, which was a ballot initiative outlawing gay marriage that Californians passed with over 52% of the vote.

          Earlier this month, the White House came under fire from transgender activists after a spokesperson said that the Biden-Harris administration opposes gender transition surgeries for children. After backlash from LGBTQ+ community demanding affirmation of gender transitions for children, the administration backpedaled and clarified that it did, in fact, support the invasive surgeries for children, according to The Advocate.

          10. Inflation

          Harris cast the tie-breaking vote in the Senate for the first COVID-19 stimulus package in 2021 which led to rampant inflation. The $1.9 trillion stimulus package resulted in the U.S. inflation rate jumping from 1.4% in 2020 to 7% in 2021.

          She also echoed Biden’s State of the Union address in 2022, saying that the record-high gas prices are the “price to pay for democracy” as the U.S. continued to provide billions of dollars in military support for Ukraine following Russia’s invasion. The U.S. State Department estimates that U.S. taxpayers have provided more than $57 billion in military aid since to Ukraine since 2022.

          1. “1. Black Lives Matter . . .”

            Thank you for focusing on the only thing that counts: Policies.

            Her socialistic policies would further destroy the American dream. Her Soros-like criminal policies would further endanger innocent Americans. Her power-lusting policies would further usurp individual rights.

        2. George, where are you, big mouth???

          Her record is so bad even SHE is trying to disown it.

        3. George, you seem to be the one
          ‘going the racist and sexist route’
          by bringing it up so often.

  3. Trump did it again. He knows that Americans are fed up with the DEI bs. Colleges are discontinuing the DEI programs now that the contributions are drying up. Businesses are also dropping their DEI requirement because they’re loosing their ability to raise money to operate because of their DEI hiring. Joe Biden admitted that he chose Kamala because she was a woman. Trump knows that the American people have had enough of the hiring based on gender and skin color. The left is screaming like mad because they know that they are losing on the DEI issue. Trump also spoke about Kamala’s real heritage. He knew what the response would be and the Republicans were ready within a matter of hours to respond with proof of Kamala’s Indian heritage. She’s just as black as she needs to be when she needs to be black.

    1. TiT,
      Another tell tale that DEI is failing is corporate businesses are ditching, aka firing, their DEI staff as they see no return on investment.
      As many have pointed out, DEI actually creates division, the lowering of standers, mediocrity and ultimately hurts their bottom line.
      There are a lot of those with useless DEI degrees, gender whatever degrees, with their purple hair will be resuming their baristas careers.
      How marvelous!

      1. “There are a lot of those with useless DEI degrees, gender whatever degrees, with their purple hair will be resuming their baristas careers.”

        Just in time for the bottom to fall out of the over-priced, over-hyped, fancy-name-for-coffee market 🙂

  4. Jonathan: The Fifth Circuit has already been overturned twice this past term by SCOTUS. That’s because even the right-wing of the SC thinks the 5th has frequently gone too far. As to the merits of US v. Abbott, I agree. Lower courts and scholarly authority overwhelmingly support the view that Article I, Section 10, Clause 3 is clear–an “invasion” means an act of war, not the movement of migrants across the border.

    1. Dennis – historically illegal immigration has been part and parcel of Acts of War.

      I would further note that “or in such imminent Danger as will not admit of delay” gives TX plenty of room.

      Finally, An Actual invasion allows a state to engage in Acts of War. TX is not engaged in Acts of war.

      I tend to agree with those who say that being overrun by illegal immigrants is not an Act of War – there is no foreign country that is deliberately threatening the US or TX with war through mass illegal immigration. Therefore TX may NOT engage in “acts or War”.

      But I think that it is not unreasonable to claim the Invasion language in the constitutions text along with the imminent danger text is sufficient to allow TX to act when the federal government fails to follow it own law.

      Those of you on the left constantly ignore the FACT that crossing the border outside of a check point is illegal, and that the Federal Government is REQUIRED by law to deal with that.

      The Biden administration has as a matter of policy chosen to refuse to enforce federal law.

      Even ignoring the constitutional clause in debate here – While Federal law where the Federal government has Jurisdiction – suborns the state and state law to federal law. A clear failure of the federal government to enforce its own law can not ever preclude a state from acting.

      I have no idea whether SCOTUS will decide that the federal government ignoring mass illegal immigration constitutes and invasion.

      But I would be surprised if they do not find some why to rule in favor of Texas.

      I also think Texas has an excellent cause of action to sue the federal government.
      We have federal immigration law. It is not being enforced – as a matter of the policy of this administration – that is lawlessness, that is a violation of the contract between the states and the federal government that is our constitution.

      It does not matter whether it is Trump or Biden. Republicans or Democrats – we expect our elected officials to Faithfully enforce the law.

      We do not expect perfection. But we are entitled to reasonable and diligent effort to do so.

      As a separate matter – though SCOTUS is not going to go so far, there is a fundimental social contract reason for REQUIRING government to dutifully enforce the laws it passes.

      That is an important way we get rid of “selective prosecution” – and I mean far more than the Trump nonsense.
      It is an important way we get rid of bad laws – any law that if scrupulously enforced would result in public backlash should not be law.
      We have far too many laws.

      I find the courts reliance on navigable waters interesting. But the courts should go farther – the domain of the federal government over the waters of the united states should be constitutionally construed as not only limited to those that are navigable, but also to the domain of navigation.
      The consitutional grant of power to the federal government is clearly for the purpose of maintaining waterborn transport between the states and between the states and other nations. That is ALL.

  5. While wondering how many illegal immigrants thumbed their noses and crossed over during the LENGTHY pendency of this legal battle –and the lengthy and compelled removal of the barrier, I decided we can play Kamala Harris’ game.

    We could all help with some new Zoom fundraisers:

    White Dudes for Defeat
    White Dudes for Texas
    White Dudes for Law and Order
    White Dudes for Barriers
    Black Dudes for Barriers
    Black Dudes for Texas
    Black Dudes for Law and Order
    Balls for Barriers
    Buoys for Barriers
    White Buoys for Red Barriers
    Red Balls for Barriers
    LEGAL Immigrants for Barriers
    Legal Immigrants for Texas
    Legal Immigrants for Law and Order
    Law-Abiding Citizens for Barriers
    Women for Barriers
    Border Patrol for Barriers
    BillyBobs for Barriers
    Trash Collectors for Barriers
    Farmers for Barriers
    Coastal Land Owners for Barriers
    Public Parks for Barriers

    1. (It occurred to me that some (who rightfully avoid the media) may not be familiar with Harris’ much publicized Zoom fundraiser, “White Dudes for Harris” and its progeny of spinoffs. It was my feeble attempt at levity this a.m. sorry.)

      1. Denys: Reminds me of a funny story from my past. I went to school in FL but an old friend went to a Northern school. During winter holiday school break, I got to stay at her place in the snow and enjoy all the winter sports, while she got to vacation in the warm south.
        She had three cases (yes, 72 cans) of Mountain Dew in her garage. We buried them in the deep snow around her duplex, then told her we drank it all while we were there and how good they were, and offered to replace them…..
        Then, during spring thaw, oh boy! 72 shiny metal Mountain Dew cans showed up all over her front yard!
        (A few exploded in the sunshine)

  6. Rejoice Democrats. Now that the river barrier is legal Texas won’t be sending as many illegals to your sanctuary cites. The mayors in Chicago and New York wont be clamoring for support for the housing of the illegals from the Federal Government. What am I thinking? Now that Texas has plugged the whole they will simply find their way through New Mexico and California. You couldn’t find two more deserving states that will just raise the taxes on American citizens to cover the cost of a new onslaught of illegal migrants if Harris is elected. Meanwhile the low level of education of American children in these states will just continue.

  7. HEADLINE Vox: Biden admin has ordered razor wire removed from ALL Federal Penitentiaries due to recent rash of deaths by razor wire.

    See below as Sammy Metamucil makes a total clown of himself, and every one else in his party.

  8. Texas: We put razor wire in rivers with the hopes of killing migrants. Now lets go to church because we are good Christians.

    1. Razor wire is used as a defense, to secure property, or as a deterrent. It is a passive defense. The only way people get hurt is if THEY try to climb it.
      Use some common sense.

      1. You must be the one with razor wire in front of your house. Disgusting. We can do better than that.

        in the highly unlikely event trump becomes president, he will not deport any illegal migrants. Why? Because our slaughter houses would be unable to operate, your lawn wouldn’t get cut, crops in the field would not be picked and your grocery store would not have food. Who would be the nanny for the kids?

        Nope, this is just BS that he is going to deport anybody. It would severely hurt our economy.

        1. Because no one has ever been deported, or it would have hurt the economy.

          Just makin shit up.

          “highly unlikely” tells the delusion you live in.

          You discredited yourself with the denial that he is TEN POINTS up from 2020.

        2. Anonymous, I thought that migrants weren’t taking American jobs and here you say they are. I’m glad that you’ve finally come around to reality.

          1. TiT,
            The Free Press ran an article awhile back about how those who came to America legally, were upset with Biden’s open border policy. One commented on how the flood of all the illegals has driven down wages, as they will take jobs much lower than even legal green card holders do.

        3. I have no pony in this race but the USA would go the legal route as always and take legal work visas from other nations. There’d be plenty of applicants. They needn’t be illegal.

          Why don’t you know that? Your cited businesses would also have to hire the sluggard American worker. 😂

          1. The US should not be looking at other countries. First – most of those the left loves are doing worse in most every way – including immigration.
            Next because though the US and Europe both have demographic problems from declining birth rates – Most of Europe has far worse problems than the US.

            The US has about 1M legal immigrants per year. It likely needs just under 2M total immigrants per year to avoid disruption.
            During the Biden administration total immigration – legal and illegal has been atleast double what is needed.

        4. “in the highly unlikely event trump becomes president,”
          What is it that you expect will change between now and november that will change the election ?
          538 has Trump 2:1, RCP has trump ahead by 2 in the popular vote and approximately 300:200 in the EC.
          Of those voters that are not already Trump or Harris voters Harris must get 80% of them to win.
          Trump is at 48.1% – that means that all thrid party votes are effectively votes making it harder for Harris to catch up much less go ahead.

          It is not yet impossible for Harris to win but it would take a miracle.

          There are no more miracles in the offing.

          You have done everything you can do to Trump and it has not worked. People do not beleive you.
          Nor is some real or imagined verbal gaffe by Trump going to change anything.
          Trump is being judged on his performance as President, not what he says.

          Just as Harris can not escape the boat anchor that is her role in the Biden administrations horrible policies.

        5. ” he will not deport any illegal migrants.”
          False. He will not deport many.
          He will do exactly what he has said and start with those with criminal records or who comiitted crimes in the US.
          That is the low hanging fruit and is robust against legal challenges.
          It is also more than can be accomplished in 4 years.

          “Because our slaughter houses would be unable to operate, your lawn wouldn’t get cut, crops in the field would not be picked and your grocery store would not have food. Who would be the nanny for the kids?”

          As a rule Immigration is net positive economically. But it is NOT necessarily LARGELY net positive.
          In 2017-2020 the US had 10M+ illegal immigrants less than today and the economy was fine.

          Slaughter houses operated, crops did not die i the fields, grocery stores had food, and there were plenty of nannies for those who required them.

          The laws of supply and demand dictate that if we have an over abundance of cheap labor, that we will put that to productive use – and that is good for the economy. But that does not mean that the economy does not work relatively well without that over supply.

          Regardless, where is the evidence of the economic benefit of the recent mass illegal immigration ?

          There is no deviation from past economic trends – we did not see some unexpected increase in growth of GDP – in FACT in the past 2 years growth has been stagnating – we are likely headed into a recession – probably before the election .

          Immigration offers the possibility of increased economic growth – NOT the certainty. Probably if Biden had done nothing but allow 10M+ illegals in the country we would have better growth than we do currently. But that is not what Democrats did.

      2. Not so fast, Upstate. Clearly Sammy must be referring to the crocodiles he believes illegal aliens call, “Razor Wire.” I’m mean seriously, he couldn’t be that moronic, could he?

    2. Razor wire kills—Sammy Metamucil and his morning turd

      How many have seen “death by razor wire” Sammy?

    3. As good Christians we offer the path to come to the US. Is lawlessness necessary for you to feel Christ-like? I remember Jesus taught to obey laws.

    4. Sammy, I say let them all come in and send them directly to the city where you live. It will be fun to hear you squeal just like the Mayors in Chicago and New York City. I like your plan. It will be fun to watch your progress as you become an adult.

      1. TiT,
        It will just take a few home break in’s, assaults, rapes and murders of young women like Laken Riley, Rachel Morin that under aged girl before Sammy might get a clue.
        Nah! Progressives like Sammy will just ignore it, pretend it never happened.
        Until it happens to them.

    5. Sammy, the Underground Railroad that brought slaves from the south to the north was run by white Christians. Your ignorance of American history is showing.

    6. “We put razor wire in rivers with the hopes of killing migrants.”

      Razor wire is used as a barrier. No one needs to die; they have to abide by the law. We place rat poisoning on our property to kill rats. If Sammy chooses to eat enough of it, it will kill Sammy. We have highways with barriers; if Sammy crosses over the obstacles, he might be killed by a car. If Sammy sees a window, he might try to exit on the twentieth floor, and he will die. All these things happen because the Sammies of the world are Stupid.

      1. S. Meyer,
        Well said and spot on for describing the Sammies of the world, lacking common sense.

    7. The purpose of Razor war is DETERANCE – not killing. The expectation – which is mostly correct is that the more difficult and dangerous you make crossing the less people will try to do so.

  9. Finally a man that is willing to tell the truth. And he did it in front of their faces. DJT told those people that they are inferior and how dare they try to be President. Black people are inferior to white people and DJT said the truth. I have no doubt he will win by a landslide not only by white voters but by black as well. You could tell by the reaction in the room, they will now worship the orange god and know in their hearts they are inferior to the white master.

    Way to go trump. you told em who is in charge.

    1. I love headlines.,..

      “Trump and his allies had a plan for how to hit Harris. Then he opened his mouth.”

      1. It is not 2020. People have learned they can not trust the MSM, and the left no longer totally controls Social Media.

        You tried to Erase Harris’s record – you failed.

        Now you are trying to pretend that Harris was not a DEI hire – yet your own words haunt you.

        It would not matter had Harris done the job well – but she did not. Throughout her life she has failed up.

        Now that is all coming to roost.

        She was a poor prosecutor, a poor DA, a poor AG, a poor senator and a poor VP.

        People are asking how someone who did so badly advanced so rapidly.
        And the answers are embarrassing to democrats.

        Regardless Harris was your choice.

    2. Have another sip, drunktard. It will all be ok. You will survive the next 12 years by eating boogers and drinking cooking cherry.

    3. I listened to his interview. Does Trump really have to say anything? He already did it not long ago: lowest unemployment, highest employment, under $2 gas, energy independence, less government control and regulations, mortgages under 3%, no new wars, ISIS destroyed, border under control, China on its knees, peace in the Middle East, and much more. All that while fighting hostile Congress and Deep State lies. Seriously, dude…

      1. Wow, you have really drank the kool aid. Did you get one of those “black jobs”?

          1. Here your clown felon god gave a good answer…

            “Coming from the border are millions and millions of people that happen to be taking Black jobs,” he said.
            Gasps turned to laughter when Scott asked, “What exactly is a Black job, sir?”
            Trump responded, “A Black job is anybody who has a job.”

              1. Not hard at all. trump finally was explicitly racist in front of a black crowd. Good for him.

        1. The only koolaid is involved in believing things like that Biden is competent, That Harris is competent – though she is incompetent for different reasons. That the country under Biden was better off than under Trump.

          There is the story of two hikers in the woods who startle a grizzly bear. One stops to lace up his sneakers.
          The other says “You can not out run a bear” – the other responds. “I only need to outrun you.”

          Trump is not as great as he claims. But he is far better than Biden or Harris.

      2. Darek: BIDEN got the “lowest unemployment, highest employment”. Obama got us energy independence, and we have that now under Biden. The reason mortgages were low is because Trump took our economy from booming to a recession. Trump’s final numbers, according to Fact Check.org, published in 2021:

        “The economy lost 2.7 million jobs. The unemployment rate increased by 1.7 percentage points to 6.4%.
        Paychecks grew faster than inflation. Average weekly earnings for all workers were up 8.4% after inflation.
        After-tax corporate profits went up, and the stock market set new records. The S&P 500 index rose 67.8%.
        The international trade deficit Trump promised to reduce went up. The U.S. trade deficit in goods and services in 2020 was the highest since 2008 and increased 36.3% from 2016.
        The number of people lacking health insurance rose by 3 million.
        The federal debt held by the public went up, from $14.4 trillion to $21.6 trillion.
        Home prices rose 27.5%, and the homeownership rate increased 2.1 percentage points to 65.8%.
        Illegal immigration increased. Apprehensions at the Southwest border rose 14.7% last year compared with 2016.
        Coal production declined 26.5%, and coal-mining jobs dropped by 25%. Carbon emissions from energy consumption dropped 11.3%.
        Handgun production rose 12.5% last year compared with 2016, setting a new record.
        The murder rate last year rose to the highest level since 1997.
        Trump filled one-third of the Supreme Court, nearly 30% of the appellate court seats and a quarter of District Court seats.

        There was NO “peace in the Middle East”–tensions were brewing, and there is nothing there for Trump to take credit for. During the first 2 years of his fake “presidency” Trump had a REPUBLICAN Congress, so there wasn’t any “hostile Congress” to fight–which leads to the question as to why he didn’t get more done. China has never been “on its knees”–just more bloviating about the phony “he-man” image Trump tries to create, when, in truth, he’s a criminal, sexual assaulter of women and fraudster who is afraid of going to prison for his crimes.. As to regulations, according to the NY Times (1/20/2021):

        “Over four years, the Trump administration dismantled major climate policies and rolled back many more rules governing clean air, water, wildlife and toxic chemicals.

        In all, a New York Times analysis, based on research from Harvard Law School, Columbia Law School and other sources, counts nearly 100 environmental rules officially reversed, revoked or otherwise rolled back under Mr. Trump. More than a dozen other potential rollbacks remained in progress by the end but were not finalized by the end of the administration’s term.

        “This is a very aggressive attempt to rewrite our laws and reinterpret the meaning of environmental protections,” said Hana V. Vizcarra, a staff attorney at Harvard’s Environmental and Energy Law Program who has tracked the policy changes since 2018. “This administration is leaving a truly unprecedented legacy.””

        Most Americans don’t want toxic chemicals discharged into our air and water, and don’t want to see wildlife die from human-mediated causes. That’s why we have an EPA, that was enacted under Bush.

        Trump’s claim that HE defeated ISIS is another lie–according to “The Conversation”, a piece written by university scholars: “Trump’s claims of conquering “almost 100% [of the Islamic State] … since our election” are false. Objective history records that Obama launched and oversaw much of the victorious war that the current president claims for himself.”

        Yes, there was “much more”–much, much more–COVID out of control, new daily records of deaths and infections with Trump lying: “It’s no worse than the flu”…etc.., kids couldn’t go to school, businesses, restaurants shut down, no leisure travel. Tax cuts mostly benefitting the upper 1%, and then, the Big Lie leading to the insurrection.

        1. Gigi, the crazy woman, is at it again. She spews factoids that lack truth and cannot stand behind them. She and George make a team, but they fail to deliver anything of value.

          1. I cite multiple sources–you make things up and attack people you disagree with. It’s no wonder you support Trump, because that is his MO. If you have some reliable source to counter the facts I cited, bring it on.

            1. “I cite multiple sources.”

              No, Gigi, you don’t. You create factoids that are lies and cite sources with misquotes and misinformation.

              “–you make things up and attack people you disagree with.”

              I attack liars and those who demean others without proof. I listen to your comments about those you disagree with, like Trump and people who support MAGA, and hear nothing but hate. Is it any wonder I attack you after you attack half the nation? You are slimy and do not deserve to be treated with respect. You cannot back up your claims but rely on making so many of them that it is impossible to reply. You are like a machine gun shooting into the water, hitting nothing but sand.

              If you wish to be treated differently, act better and make sure your facts aren’t proven lies. Make yourself able to defend your positions. That is how you earn respect. Until then, you should not be afforded anything by members of this blog.

              ” It’s no wonder you support Trump, because that is his MO.”

              He tells it like it is. Sometimes, the truth is hard to listen to.

              “If you have some reliable source to counter the facts I cited, bring it on.”

              I have, but all you do is run away and shoot empty bullets into the water.

              1. More ad hominem BS. First of all–this isn’t your blog, there is no such thing as “members” of this blog and you don’t get to decide what does or does not pass muster here. I cited Fact Check.org that compiled statistics from all 4 years of the Trump disasterous presidency, which are summarized above. Do you have some contrary facts? It is a FACT that Trump had a REPUBLICAN Congress the first 2 years—do you have some contrary source of this fact? So, WHY didn’t he get more done when he had both houses of Congress? I cited the N.Y Times, that quoted research from Harvard Law School, Columbia Law School and other sources, including Hana V. Vizcarra, a staff attorney at Harvard’s Environmental and Energy Law Program. Here’s a similar summary from the Brookings Institute, dateline 12/15/2020:

                “Over the last four years, the Trump administration has taken on a massive deregulatory effort. With the issuance of Executive Order 13771, the administration’s two-for-one rule, federal agencies were directed to eliminate two regulations for each new rule issued. Much of this effort has focused on scaling back previous Obama-era regulations and weakening agencies’ statutory authority. Notably, environmental regulation has proven a prominent and easy target, as many existing policies and regulations had never been enshrined into law. The Trump administration has replaced the Clean Power Plan, redefined critical terms under the Endangered Species Act, lifted oil and natural gas extraction bans, weakened the Coal Ash Rule, which regulates the disposal of toxic coal waste, and revised Mercury and Air Toxic Standards–just to name a few[1].

                Over the past few months, various federal agencies have finalized major environmental deregulations marking the end of, in some cases, years-long processes. The rules vary in consequence, from walking back pesticide bans to encouraging fossil fuel extraction on federal lands, weakening emissions standards, and even countering previous Environmental Protection Agency (EPA) findings. The Center on Regulation and Markets has been tracking these ongoing deregulations. A sampling of some of the most consequential environmental revisions and rescissions to date are listed below.”

                Most Americans don’t want pesticides in our food chain, air or water pollution, and want our wildlife, what’s left of it, protected. This information was provided in response to Darek’s comment implying that Trump’s de-regulation was a good thing.

                The piece from “The Conversation”, cited above, is entitled: “Who really defeated the Islamic State – Obama or Trump?
                Published: October 15, 2020 3:03pm EDT Updated: October 16, 2020 9:50am EDT”. There is extensive detail in this piece that explains the author’s conclusions, complete with maps, facts and figures. I cited this in response to “Darek” who claimed that Trump “destroyed ISIS”–which is not true.

                Where the hell do you get off claiming I cite “factoids” that aren’t true, or calling me “crazy” or “slimy”? What about anything above is a “proven lie”? I challenged you to cite some contrary facts and sources, but since don’t have any contrary facts, just like Trump, you attack the person who says things you don’t like. Trump doesn’t tell anything “like it is”–he is a narcissist and liar and repeats the same disproven lies over and over again.

                1. Natasha, here is another reality check for you. I wrote it back in Feb of 2024. To update it, just swap out Biden for Harris in the who benefits from another 4 years of a Harris admin.

                  Look and compare the Trump admin with the Biden admin.
                  Trump represented a strong man. Granted MSM aka ARM helped this view by the wild claims that he was a madman with his finger on the button! No one knew what he would do. He went after China with a trade war. Note, Biden’s first round of sanctions against China chip manufacturing was bigger than anything Trump did in his four years in office. Trump arranged the Abraham accords. No new wars started. The world experienced a degree of peace though MSM aka ARM would have you believe he was going to start nuclear war against . . . someone?
                  Then we got Biden. He attended a few global meetings and everyone knew of his mental decline. What better time to act than a weak WH admin.
                  And that is what Russia, China, Iran, Hamas all did.
                  Russia’s Ukraine war was not some three day of fighting and it was over like they thought. It dragged out. The Russian’s lacked the logistical capability. As we all know, amateurs study tactics. Professionals study logistics. Those with TDS know neither and just spout the stupid. Russia quickly got bogged down in a prolonged war they did not want and met with the Ukrainian delegation in Istanbul for a cease fire and a peace agreement. Boris Johnson was sent to squash that agreement on behalf of the Biden admin, the MIC and the neocons. So it was war on, with thousands of Ukrainians and Russians dying for Biden the butcher, the MIC and the neocons.
                  The US/West lead countries pushed for sanctions against Russia, which turned out hurt mostly EU countries. Then there was that Nordstream thing. Funny how that worked out. The entire geo-political landscape is changing and the Biden admin foreign policy wants to ignore that.
                  We have a saying of when life hands you lemons, make lemonade. Well, that is what Russia did, and to their advantage. Not just in the energy sector, but in de-dollarization and moving to a non-West centrist economy and banking system but to a BRICS one outside of the US/West banking system. There are a lot of countries interested in joining. That includes a number of our so-called allies.
                  Further indicators and warnings of “Who benefits?” of another four years of a Biden admin, China. As the Ukraine/Russia war drags on, it sucks in more and more US military material and all the stupid money we are throwing at this proxy war. Gives China more and more of an advantage if they were to make a go at Taiwan. The US military has already had an issue with recruitment prior to either Trump or Biden, but it has gotten much worse under Biden with his all new, all woke military. So much so the Army War College wrote an essay about how an all volunteer fighting force may have outlived it’s usefulness and a partial conscription force may be require, aka reinstating the draft. For all those #IStandWithUkraine, and pro-NATO war types, you had damn well enlist for a combat MOS if they reinstate the draft or your children or grandchildren. You want to fight WWIII for Biden, get on the front lines and die for him.
                  Who else benefits from another four years of Biden? Iran. Hamas. We know Trump will back Israel, so it is in Iran and Hamas best interest for Biden to win.
                  Who else benefits from another four years of Biden? Illegal immigrants and the cartels running the Southern border with human trafficking and illegal drugs. Biden has the power now, always has to stop the flow. Just like the Bush, Clinton, Bush, Obama, Trump admins did. Yet some how, it is unique with the Biden admin. So expect more crime, human trafficking along the border, and in Democrat ran cities that de-funded the police, have soft on crime DAs and city councils. I read that San Fran mayor polling numbers are so bad, 13%, that she is now backing a Republican amendment to her soft on crime law she got passed for harsher sentencing. Why? Normal people were getting mugged at gun point, car jacked or retail stores were closing due to crime. They want law and order. Imagine that. But something the Biden admin does not endorse. Just look at the crime in DC.
                  To sum up, whom do our enemies, friendenemies, and even some of our allies want to see win in 2024?

                  1. Why do you call me “Natasha”? Trump is the opposite of a “strong man”–he is an overweight, bald, coward with a bad comb-over who can’t stop lying and who is desperate to “win” because he’s scared of going to prison and being branded a 2-time loser. He wasn’t man enough to accept the fact that he lost in 2020, couldn’t defer to scientists because they know more than he does and he can’t let anyone get in front of the cameras. He’s already back-pedaling on debating Harris because he knows she’ll call him out on his litany of lies. His attack on E. Jean Carroll is more proof–she testified she teased him about trying on womens’ lingerie and that’s when he shoved her into a dressing room and assaulted her. He perceived her teasing as an attack on his manliness. He doesn’t even have the strength of character to take a joke. Then, there’s his petty name-calling of anyone, everyone, who doesn’t kow tow to him–“crooked Hillary”; “bird brain Nikki”, “crazy Nancy”… the list is too long. A “strong man” doesn’t behave like this–a LOSER who knows he’s a LOSER does.

                    The “Abraham Accords” are overblown–they just formalized TRADE agreements between Bahrain, UAE and Israel–who were ALREADY trading. Israel wasn’t in conflict with either of these countries. And, Trump has no claim to credit for “no new wars”–any more than he can take credit for the sun coming up. And Vance is trying to take credit for the hostages who got released today. And, you probably believe it, too. Do you think that the endless lying, name-calling, bragging, etc. are lost on our enemies? Do you think they don’t see the truth about Trump or are afraid of him?

                    Tell us, just HOW much more could Biden “back Israel”? Israel’s killing of tens of thousands of innocent women and children constitute genocide, and Israel is doing everything possible to try to drag the US military into this war by assassinating Hezbolla people in other countries. There won’t be lasting peace in the region until or unless Israel stops the bombing, gets out of the West Bank and lets the Palestinian people have their own govnment.

                    Accord;ign to WUSA, the local DC CBS affiliate, violent crime in the District of Columbia is down 20% and property crime is down 12%.

                2. FACT CHECK .org is where you got your lie that inflation was 9% when Trump left office. Because the aggregate was 9% acroos his entire term.

                  Stats are only as good as the complete imbecile reading them.

                  FC.org is NOT a SOURCE. You are a fat, lazy fvck who refuses to do your own research.

                  1. Now I’m “fat”? My doctor doesn’t agree. I cite sources–if you disagree with what they report, then come up with a contrary source. You didn’t cite any source for your claim, but you call me names.

                    1. You’re probably not fat…anymore. I say this because you have this weird (intentional use of the word) hang-up about “fatness,” persistent and recurring in almost every one of your posts. You must’ve been fat at one time, because you constantly fling it out as an insult (“familiarity breeds contempt”). Or else, someone who was overweight rejected your advances. So why don’t you try laying off the “fat” “bald” “orange” descriptors and look at yourself iin a mirror.

                3. “More ad hominem”

                  Gigi: It’s not an ad hominem because you are a liar; I’m challenging your position, which is based on lies. This is necessary because you consistently lie rather than accept the truth. Our discussion is about understanding and learning, and your lies hinder that because you lie conveniently when the truth doesn’t promote what you want. That is the only way to manage a chronic liar who will lie in the face of truth.

                  “there is no such thing as “members” of this blog ”

                  Get a dictionary and use it. The individuals who post daily are indeed ‘members’ of this blog. They form a group, collectively contributing to the discussions and the community.

                  “I cited Fact Check.org”

                  You cite their spin and insert it into the discussion, changing the context.

                  “It is a FACT that Trump had a REPUBLICAN Congress the first 2 years”

                  That is a fact, but the meanings you ascribe to that statement are wrong. You cannot correctly place such statements next to your conclusions.

                  The rest of your discussion is typical. You do not demonstrate enough intellect to discuss the one true statement you made.

                  Let us deal with that one statement, “Trump had a REPUBLICAN Congress,” and you can tell us what it means. Try to use facts, skip the lies and skip the spin. Let’s see if you can escape your craziness and discuss one topic.

            2. Here, I wrote this in July 2023 to you.

              Natasha,
              You poor, poor thing. TDS has clearly you in a state of fevered delusion, so much so you cannot see the economic disaster of Biden World.
              Let me spell it out to you,

              During the Trump admin, both Wall St. and Main St. were doing quite well. Had nothing to do with what Obama did. For that matter during the Obama admin, the average national yearly income went down for the first time. NPR had a article on it.

              Trump’s tax cuts for the lower and middle class while taxing the higher brackets worked just as planned. We know as we got more back in taxes while a good friend in a higher tax bracket had to pay out. She was not happy.

              The trade war, Trump did as an attempt to level the playing field.
              However, I notice you did not mention the Biden sanctions against China’s semiconductor industry. In that one round of sanctions were more than anything Trump did in his four years.
              Also, a number of companies already planned on domestic production. Intel announced the plans to build and open a facility in Columbus OH. That was in 2020.

              There was no getting control of COVID. The mask, vaccines, lockdowns none of them worked.
              Red States lead the economic recovery. Blue States like CA and NY were dead last in their recovery. Same with the schools. Biden had nothing to do with that.
              All those jobs Biden is taking credit for, claiming they are new jobs, they are not. The majority of those jobs were re-hires from the lockdowns.

              Unemployment? The Home Household survey, a better metric to measure unemployment, shows more Americans having to take a second or even a third job just to make ends meet.
              American savings is at a low comparable to the 2008 crisis.
              Americans are having to use credit cards and even buy now pay later to buy food.
              Americans are using food banks above COVID levels.
              Food banks are having a harder time buying food. Why? Inflation.

              The current inflationary environment we are experiencing is a result of Biden policies.
              Secretary of the Treasury under President Clinton, Larry Summers warned Biden’s American Rescue Plan could “set off inflationary pressures of a kind we have not seen in a generation.”
              Guess what . . . it DID!

              Further more, here is WSJ Greg Ip had to say on the topic,
              “The Rescue Plan was old-fashioned Keynesian demand stimulus, notable mostly for its sheer size. Biden’s staff designed it with the economy of 2009 in mind, when newly elected President Barack Obama and Biden, his vice president, faced a deep recession to be followed by a sluggish, yearslong recovery.
              Biden’s team is still sticking to that narrative. In a memo released this week, his political strategists Anita Dunn and Mike Donilon write that Biden “faced an immediate economic crisis when he took office.”
              Actually, he didn’t.

              By January 2021, the economic crisis brought on by Covid-19 was largely over, even if the health crisis wasn’t. As lockdowns were lifted and vaccines approved, businesses were furiously rehiring. Payroll growth averaged 800,000 a month over the last six months of 2020, in percentage terms the strongest such streak preceding a new president’s inauguration since 1952.
              The American Rescue Plan, in other words, was designed to bolster demand in an economy that already had plenty.
              But it’s logically inconsistent for Biden to disown inflation while taking credit for tight labor markets since they are mirror images of the same thing: an overheated economy. While economists debate how much stimulus contributed to this overheating, they agree it played a part. “

              According to BLS data, Americans have seen their increased cost of living outpacing their wage gains on a YoY basis for 26 straight.
              Under the entire 4 years of the Trump admin, inflation rose 8% or 1.94% per year. Note, the Fed considers 2% to not only to be the norm, but the ideal.
              Under Biden, inflation has risen in two and a half years a whopping 16% or 6.24% per year.

              Update: It is now at 20%.
              Also according to the BLS, the Inflation Reduction Act will do nothing of the kind till at least 2024 or 2026.
              What has brought some inflation down is the Fed raising interest rates. Nothing Biden did.
              Meanwhile, the disastrous Biden withdraw from Afghanistan signaled not only to Putin but the entire world of a weak US president. This embolden Putin to invade the Ukraine.
              But Biden was not done there with disastrous policy. The Biden attempt to hurt Russia with sanctions not only backfired, but lead to the demise of the US/Western lead uni-polar world and the rise of a multi-polar one. At last count 36 countries have either applied to or announced interest in joining the BRICS+. This coming August, the BRICS are expected to announce their own gold backed currency. In 2001 73% of the US dollar was held as reserve currency. It has been on the decline since then, to 55% in 2021. But in 2022 it saw a whopping 19% drop to 47%. Guess what had happened (hint, second sentence in this paragraph)? If this trend continues, aka de-dollarization, it is expected to fall to 30% by 2024. What happens when all those green backs flow back to the US? No one really knows for sure as this kind of global economic circumstance has never happened before. But most economists say more inflation and even hyper inflation.
              So, no Natasha, America is not thriving as you claim it is. Quite the opposite. We see it at the pump. We see it at the check out line at the grocery store. The damage has been done. The US is a empire in decline. It happens to all empires at some point. But with the Biden admin, it will happen in my lifetime. Something I never thought would be possible.
              And before you rant something about Trump or Republicans being able to fix it, no, I don’t think they can. This is a series of events, set into motion by the Biden admin with such great inertia no one can stop it.

            3. I have countered all of your “facts” many times. Yet you cut and paste them still.

              Not one of your statistics is from a source, you fvcking idiot. The New York Times is not a source. vox is not a source. The Guardian is not a source. NONE of them track the statistics you mentioned. NONE.

              NOT SOURCES.

              Spastic idiot

            4. Yesterday you cited a source about the glass in doors in BUILDINGS as substantiation for your false claims about AUTOMOBILES.

              You wouldn’t know a source if it hit you in your obese ass.

        2. Gigi,

          Your verbal diarhea is stunning. Too much crap to wade through…

          EPA was started by Nixon in 1970,

    4. And yet no one said that.

      Biden explicitly said that He picked Harris because she was black and a women.

      It is THAT that creates the impression that blacks and women are inferior – they need special preferences.

      There are plenty of successful blacks – many of whom are republicans. None of them are DEI hires.
      A long list of black republicans were elected by often majority white voters – only left wing nuts think they were elected because of their race.

  10. The Biden administration is constantly engaged in “lawfare” against any and all conservatives, no matter the issue!

    1. To my mind, Texas not only is one of a few national leaders as a state, but an international leader as well. It inspires other states and countries to apply common knowledge and common sense in societal management. Of course, I’m a Texan.

  11. one person enters you home against YOUR will… who gets to say what it is?

    1. “one person enters you home against YOUR will… who gets to say what it is?”
      Me and my .357 or my 12 ga. shotgun. Regarding the bogus “duty to retreat” regulation that exists here, if my shotgun and I do our jobs properly, the intruder will not be disputing my claims. I probably would not be able to successfully sue the intruder’s estate for cleaning expenses, but one cannot have everything. Regarding what constitutes an invasion of Texas, I completely agree with Judge James Ho that Abbott must be given the benefit of the doubt. If allegations that Mexican drug cartels that operate with carte blanche from the government of Mexico are responsible for facilitating a large part of illegal border immigration into Texas are true, I think that satisfies the common understanding of what an invasion is.

  12. dumb lawyers? if one person comes in your house…is that a HOME INVASION or do I have to wait for Brain Dead Bidens deciders
    The item I find astounding is a “hate crime” designation…where certain groups enjoy MORE protection than others
    if a black person is killed by a white it is a hate crime and person is HARSHLY punished.
    a black kills a white…that DEAD white person life is LESS VALUED so NO HATE Crime.

    if a PERSON is KILLED…SKIN color has ZERO to do with it! IT IS MURDER…if you INTENTED TO KILL THEM…that is HATE no matter their preferred designations!!!

    100% unconstitutional! All people should be TREATED EQUAL…not a gay man enjoys MORE protection than a indian woman…etc!

    1. The item I find astounding is a “hate crime” designation…where certain groups enjoy MORE protection than others
      if a black person is killed by a white it is a hate crime and person is HARSHLY punished.
      a black kills a white…that DEAD white person life is LESS VALUED so NO HATE Crime.

      That is utterly false. It’s a lie from beginning to end. Nobody has more protection than anybody else. Whether a crime is classified as a “hate crime” depends entirely on the motive, if it can be proven, and not at all on the perpetrator’s or victim’s race. You are not entitled to your own facts, and the fact is that hate crime laws are administered absolutely equally.

      A crime committed out of hatred for a general class of people to which the perpetrator thought the victim belonged (whether or not he really did so belong) deserves a harsher punishment, because it harms more people. It’s a crime not only against the immediate victim but against everyone who shares the characteristic that motivated it. The criminal’s intent was to harm the entire class, so he should be punished accordingly. And it makes absolutely no difference what he or the victim look like.

      1. Well Anonymous, one good way to make your point would have been to give us some statistics about how many hate crimes are prosecuted for black on white crime vs white on black crime. There are many progressives who think, and state, that blacks cannot be racist because of “power structure” etc and therefore this leaks into hate crime prosecution.

        We all hate anecdotal “evidence” but please share some (any) story about minorities being charged with a hate crime for attacking a white person or a Palestinian protester being charged with a hate crime for attacking a Jew.

        1. The majority of hate crime reports and prosecutions in the US target Jews. despite the fact that they are 2% of the population.

          The large recent increases in hate crimes are almost entirely against jews.

          The majority of violent crimes in the US are committed by Blacks – even though blacks make up only 17% of the population.
          The majority of crime victims are white.

      2. Strawman argument. The “hate” is frequently imputed in evidence-free fashion from skin colors and other circumstances that cannot affirmatively demonstrate motive.

        1. ” that cannot affirmatively demonstrate motive.”

          Then how can you call it a hate crime? Logic is not your strong suit.

      3. An alleged politically offensive motive is not a valid basis for distinguishing the severity of a crime.

        should a person who shoots a black person be punished more severely than the person who skins another person alive ?

        We have the legitimate right to punish bad ACTS – not bad motives.

        You hate others because of their political beliefs – can you be punished for that hatred ?

        Crimes are bad acts, and we legitimately can punish bad acts.
        We have no authority over what goes on in peoples minds.

    2. Oops, that ‘anonymous’ was me. Why is this site set up so confusingly?

  13. Let’s hope the Trump administration is elected the invasion continues as we read this blog.

    1. Re: “Let’s hope…..the invasion continues”. Are you serious? You want cities and states overrun with new welfare seekers? If so, you aren’t very bright. Please state clearly exactly how many illegals you’d like to have delivered to your home, and that you will take full legal and financial responsibility for.

      1. Just guessing: I believe there’s a punctuation problem, and the commenter MEANS to say “Let’s hope the Trump administration is elected. The invasion continues as we read this blog.”

        1. The meaning seemed obvious to most of us. This is a blog comment section, not a repository for Doctorate of Literature PhD theses…

  14. Why wouldn’t the second condition, “…or in such imminent Danger as to not admit of delay” be clearly activated? Surely, the criminal activity that can be ascribed to (some) illegal immigrants, not to mention the stress on the State’s social services capabilities and budget, could easily be judged to be “imminent Danger” to the citizens of the State. Why was that clause not a centerpiece of Texas’s argument?

    1. Illegals commit “illegal activity” by the mere fact of crossing the border illegally. It’s time to move the goal posts back to reality.

  15. Biden Admin. continues to rely on questionable legal theories, not sound, by Left Wing Radical DEM lawyers led by Lawerence Tribe, who take existing laws and interpret them to suit their own ideas then they lose in the courts, appeal courts and the Supreme Court. Biden Admin track record in the Appeals and Supreme Court are poor, they usually get rejected or over ruled. Then Biden Admin screams not fair when they lose and want to get rid of judges and put their own stooges in.

  16. As much as I agree with the right of states to protect themselves from foreign invasion AND to decide for themselves what constitutes such an invasion, It’s a bit early to celebrate this appellate ruling, because if I remember correctly, the 5th Circuit Court of Appeals has the distinction of being the most-reversed appellate court in the US — which is saying something, given the conservative leanings of SCOTUS.

    1. The problem is, Anonymous……you are not remembering correctly. The 5th Circuit Court of Appeals is not even in the top three for reversals. Nice try.

        1. The 9th circuit has for a very very very long time had the highest rate of reversal by the supreme court.

          I would further note that several high profile 5th circuit reversals were not reversals per say.

          Murty was a huge case – SCOTUS dumped the case on standing.
          While just a few weeks before Scotus in an oppinion by Sotomayor ruled 9-0 on the same issue as in Murty in NRA vs NYS .

          There is zero doubt that the 5th circuit was correct in their Murty decision – SCOTUS just decided that the wrong plantiff had brought the case.
          That is not much of a reversal.

    2. “The Supreme Court’s rate of overturning lower circuits varies across circuits, with the First Circuit having the lowest rate and the 9th Circuit having a relatively low rate overall.”

    1. Try an actual invasion. Ask the Israelis or the Gazans what an invasion looks like, or the Ukranians. You cannot compare what is happening on the border to that. The USA has not been invaded since 1812.

      1. Ask the families of the raped and murdered girls what it feels like to them, asshat.

      2. The US invasion is the exact opposite of the Ukrainian invasion, except for the fact that the US is behind both.

        In the US invasion, foreigners are invading and taking over by the 10s of millions peacefully and in the Ukrainian invasion, millions of Russian are already in Ukraine and want out of that nation – which is what will happen in a decade or so once the border states in the US are completely inundated.

    2. Floyd,
      How many illegals on the FBI terrorist watch list have been caught attempting to cross the border?
      Just recently three with ties to terrorist groups were caught in CA.
      Likely Biden has already allowed even more in, not that violent thugs who commit crime, assault, rape, even murder is bad enough.

      1. Looks like this blog is having an invasion of “Anonymous ‘es’.” They need to be numbered for identification.

      2. If the for-the-public number is three, what’s the actual amount?
        Thirty? Three hundred? They’ll never release the real numbers.
        Election year and all. Plus most probably haven’t even been caught.

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