The Supreme Court sided with the Biden administration on Monday in a split decision that will allow federal agents to cut razor wire installed by Texas officials along the U.S.-Mexico border amid the worsening crisis created by President Biden's policies.
The 5-4 decision granted an emergency appeal filed by the Biden administration to reverse an injunction from the Fifth Circuit Court of Appeals and now allows the feds to dismantle concertina wire while the lawsuit over Texas' efforts to assume the duties of enforcing the international border — a responsibility that's been abdicated by the Biden administration — moves ahead.
According to the Court's order in Department of Homeland Security et al. v Texas:
The application to vacate injunction presented to Justice Alito and by him referred to the Court is granted. The December 19, 2023 order of the United States Court of Appeals for the Fifth Circuit, case No. 23-50869, is vacated.
Justice Thomas, Justice Alito, Justice Gorsuch, and Justice Kavanaugh would deny the application to vacate injunction.
Chief Justice John Roberts and Justice Amy Coney Barrett joined the liberal wing constituted by Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson to grant the Biden administration's appeal.
As Fox News Channel's Bill Melugin noted on X following the Supreme Court's ruling, this is "potentially setting up a significant state vs federal showdown." That's because most of the razor wire installed by state officials in Texas lies in Eagle Pass' Shelby Park which was seized by Texas as it fights to secure the border amid Biden's failures. Texas booted federal agents from the park, but the SCOTUS order means Border Patrol needs access to the park to cut the razor wire.
The majority of the razor wire is deployed in the Shelby Park area of Eagle Pass - city owned property that the state of TX recently seized control of with armed soldiers - and kicked the federal government out.
— Bill Melugin (@BillMelugin_) January 22, 2024
In order to remove the wire, TX has to allow Border Patrol back in.…
This is a developing story and may be updated.