Year: 2023

Re: my pet case, US vs Abbott

The three panel Fifth circuit judges have scheduled a hearing for October 5th on the appeal of Judge Ezra’s preliminary injunction.
In the meantime, the IBWC did another survey of the buoy locations after Texas did a middle of the night move on them once it was discovered most of the buoys were in Mexico. The buoys are now all in US territory.

Judge Ezra asked Texas to reposition the buoys to the shore while the case was ongoing. From the snapshot, it wouldn’t take a lot of effort to do so. And if there’s a storm, the thing will probably get pushed back out to the middle of the channel again.

That we have to waste all of this time to remove the damn things is SOLELY because of SCOTUS corruption.

Both the DOJ and Abbott have filed their closing arguments for the motion for a preliminary injunction.

Do you know those twisty straws that are somehow supposed to make drinking something cooler? Well, that’s Abbott’s filing, in a nutshell. Even after Judge Ezra told Texas to cut the crap about an invasion, that’s all that’s contained in their document.

And Texas keeps bringing up the Sackett vs EPA lawsuit, and in particular, Thomas’ note on navigability. But the Sackett case wasn’t about navigability, it was about surface connection between wetlands and federal waters.

No self-respecting lawyer should want their name to be appended to this document. And it’s a pure Thomas dog whistle.

And by all that’s holy is there ANY human being STUPID enough to believe that drug and human traffickers are going to be crossing the river? What? Are they strapping baggies of drugs onto people as they cross?

Can the media possibly for once, just once, call this out as bullshit?

US filing

Abbott’s joke

An interesting summary of the hearing, including transcript

Pet case again.

The hearing was today, and as expected, Ezra rejected any of Abbott’s claims about ‘invasion’.

He’ll rule on whether the buoys violate the Rivers and Harbors Act, and whether the Rio Grande is a navigable river. I expect him to rule in favor of the federal government.

But, this is Texas. And the Fifth Circuit does not like Ezra.

Texas Judge rejects Texas’ migrant ‘invasion’ defense in DOJ lawsuit over border buoys