By a vote of 5-4, with two conservative justices joining the liberals, the Supreme Court has ruled that federal agents can cut razor wire installed along the Texas-Mexico border while a lawsuit over the wire continues. The Border Patrol Union and its agents who have spoken to reporters favor the razor wire installation because it is working in that section of the state in keeping migrants, criminals, and fentanyl out, but that apparently doesn’t matter to the court.
While the emergency appeal of a lower court ruling upholding the action by Texas did not require an explanation for their votes, it likely is because the majority felt the Constitution grants power to the federal government over individual states when it comes to border control. The obvious question, which the court did not address: why is the federal government not enforcing immigration laws which migrants are breaking to enter the country?
Suppose a Mexican army – no, forget an army – suppose a ragtag bunch of drug dealers decided to invade Texas, the governor acted to stop them – including installing more razor wire – and the Biden administration did nothing to stop them? Would the court be OK