The Supreme Court is allowing US Border Patrol agents to remove razor wire deployed by Texas GOP Gov. Greg Abbott’s security initiative at the US-Mexico border while the state’s legal challenge to the practice plays out.
The vote was 5-4.
The justices’ order is a major victory for President Joe Biden in his ongoing dispute with Abbott over border policy, which had become especially fraught in recent days after three migrants drowned in a section of the Rio Grande that state officials have blocked agents’ access to, prompting the administration to further press for the high court’s intervention.
A federal appeals court last month ordered the Border Patrol agents to stop removing razor wire along a small stretch of the Rio Grande while court proceedings continue, and the Justice Department asked the justices earlier this month to step in on an emergency basis to wipe away that order, which they did on Monday.
Justices Clarence Thomas, Samuel Alito, Neil Gorsuch and Brett Kavanaugh said they would have denied the federal request.
Technically, the national guard were mobilized to put it up. In general, laws are pretty lax about US Military installations.