Texas Governor Greg Abbott faces a new development in his legal dispute over the contentious 1,000-foot barrier in the Rio Grande, as the United States District Court of the Western District of Texas rejects his bid to halt proceedings, according to Newsweek’s report on January 26, 2024.
Abbott’s attempt to dismiss complaints, filed by the Department of Justice (DoJ) in July 2023, encountered a setback when Judge David Alan Ezra ruled against pausing the case.
Implemented in July amid rising concerns about immigration and border security, the barrier prompted legal challenges.
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The DoJ contended that Abbott breached the Rivers and Harbors Act by not obtaining approval from the U.S. Army Corps of Engineers before placing buoys in the navigable waters of the Rio Grande.
Abbott argued in his motion that the Act only permits actions against individuals and corporations, not sovereign states like Texas and its officials. He also asserted that the river section where the barrier is situated is not navigable, and the installation does not present an obstruction.
However, on December 1, the 5th Circuit Court of Appeals, aligning with the Biden administration, declared the barrier hazardous.
Abbott swiftly sought an en banc hearing, aiming to persuade the entire panel of judges to reconsider the case.
His latest tactic involves arguing that proceeding to a trial in the Western District of Texas would be inefficient, citing potential agreement with a dissenting opinion by 5th Circuit Judge Don Willett.
Willett challenged the basis of the original judgment, contending that the river is not utilized for commerce.
Judge Ezra rejected Abbott’s request for a delay, asserting that a trial is necessary to explore the factual issues and merits of the case.
He emphasized that Texas should follow the same trial timeline as the DoJ, stating, “Texas need only defend itself against the experts and evidence the United States is able to prepare in the given time.”
In response to Abbott’s claim of insufficient time for preparation, Ezra stated, “The Court finds that Texas does have sufficient time to prepare its defenses and experts for the March trial date.”
He dismissed the idea of staying the trial pending appeal of a preliminary injunction, emphasizing that it wouldn’t impact the crucial factual issues to be addressed at trial.
As the legal battle escalates, Newsweek sought comment from Abbott’s representatives, but as of Friday, there has been no response.
