A federal appeals court, consisting mainly of Republican-appointed judges, rejected Texas Governor Greg Abbott’s request to pause legal proceedings regarding his state’s construction of a floating border barrier in the Rio Grande.
Abbott has taken various actions to curb illegal border crossings amid a migrant surge, invoking Texas’ authority to defend itself, but has faced legal challenges from the Biden administration.
“Despite our misgivings about the district court’s decisions, we cannot say that the rigorous criteria for mandamus are fulfilled. The district court’s scheduling orders although questionable, fall shy of showing a ‘persistent disregard of the Rules of Civil Procedure’ or a pattern of noncompliance that could justify mandamus relief,” Circuit Judge Don R. Willett said.
While some judges expressed concerns with the rushed trial schedule set by the lower court, the majority determined Abbott’s attorneys did not satisfy the criteria for halting proceedings at this stage.
The ruling represents another legal defeat for Abbott in his disputes with the Biden administration over border security measures.
“The Executive Branch of the United States has a constitutional duty to enforce federal laws protecting states, including immigration laws on the books right now. President Biden has refused to enforce those laws and has even violated them,” Abbott said.
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