The Quote Below—More Misinformation from the Media
“Texas’ continuing dispute with the federal government over immigration enforcement goes to the very heart of our constitutional system. Gov. Greg Abbott, and those who are cheering him on, are challenging not only federal authority but also the power of the Supreme Court and ultimately the supremacy of the Constitution itself.
“The dispute arose because Texas installed razor wire fencing along parts of the Rio Grande, among other unilateral measures at the U.S.-Mexico border. Texas officials say they did so to deter an influx of people crossing the border, many of whom are seeking asylum. The question is whether the federal government can remove the fence given its power over the border and immigration.
“A panel of the conservative 5th Circuit U.S. Court of Appeals prohibited the federal government from removing the razor wire except for medical emergencies. Last week, however, in a 5-4 order without an opinion, the Supreme Court granted the U.S. solicitor general’s request that border agents be allowed to remove the razor wire.
“That should have put the matter to rest for the time being. But the Texas National Guard and state troopers continued to put up concertina wire and block federal agents from accessing part of the border. On Wednesday, the Republican governor publicly challenged the Supreme Court’s ruling, vowing to hold the ‘line.’ Abbott said Texas is under ‘invasion’ and that the state’s right to defend itself ‘is the supreme law of the land and supersedes any federal statutes to the contrary.’ . . .
“This is frightening and just wrong as a matter of law. To begin with, Article VI of the Constitution makes the federal government supreme when it is acting within its authority, deeming any contrary state policies preempted. And the Supreme Court has long held that the federal government has broad powers over immigration and the borders. . . .
“The principle upheld then dates to the dawn of the republic and continues to apply today. If states can obstruct the federal government and ignore Supreme Court orders, the Constitution is rendered meaningless. Texas’ governor is violating the Constitution, and the stakes of this standoff are great. . . .” — Tex Gov. Greg Abbott Is Defying a U.S. Supreme Court Order – That’s Frightening, Erwin Chemerinsky, 1/29/24 [Link]
Fact Check of Above Quote: The author grossly exaggerates—and misleads—when he claims that Gov. Abbott is “challenging the Constitution.” The Supreme Court’s ruling was what is known as an “emergency docket” ruling. It is temporary and opens the way to further litigation in a lower court. Texas says it will pursue this legal option, so the issues involved are far from resolved.
In the meantime, it does not appear that Texas is defying the Supreme Court’s ruling. That decision prevents the state from stopping federal removal of razor wire and other barriers on the border. Evidently, it does not prevent Texas from erecting the barriers. Maybe the Texans think they can set them up faster than the feds can tear them down. The author can relax; we don’t have a constitutional crisis—at least not yet.
It is ironic that he’s so indignant about the alleged lawlessness of Texas, while he downplays Biden Administration’s blatant disregard of immigration law. The author maintains that Texas has no right to usurp federal authority over immigration. That is a valid principle, but what is Texas usurping if federal enforcement largely doesn’t exist? A country without border control creates a terrible vacuum which escalating chaos may fill. If a state can help to prevent that, it has not only the right but the obligation to do so.
The Biden administration is inviting turmoil and a constitutional crisis with its reckless open border policies. If President Biden and his agencies really want Texas to desist from its actions on the border, all they have to do is enforce the laws they are supposed to enforce.