"Trump calls for states to deploy Natl Guard to TX"
It would appear that thinking things through is not high on the GOP list of attirbutes.
...but hey, do what you want...you will anyway.
UPDATE 02/03/2024: Nuance. Or maybe technicality.
“There were no sentences, or paragraphs or pages of an opinion written by the Supreme Court, so no one knows at all what they were thinking – all we know is that they wanted to send it back to the 5th Circuit,” Abbott said on Fox News, arguing, “There was no opinion about anything – about razor wire, what Texas is doing or anything like that.”
[...]
It’s really important to stress that two different things are true: First, Abbott is not “essentially ignoring” the Supreme Court. Second, he is interfering with federal authority to a degree we haven’t seen from state officials since the desegregation cases of the 1950s and 1960s.
With regard to the court, all that the justices did on Monday was to vacate a lower-court injunction, which had itself prohibited federal officials from cutting or otherwise removing razor wire that Texas officials have placed along or near the US-Mexico border.
Nothing in Monday’s unexplained order stops Abbott from doing anything; it just means the federal government can’t be sanctioned by courts if it takes steps to remove those obstacles.
[...]
The actual provision Abbott is purporting to rely on is part of Article I, § 10, which limits states’ powers. And it prohibits states from “engag[ing] in war” without congressional consent “unless actually invaded.”
[...]
It was never understood, and has never been understood, to allow states to interfere with or otherwise override federal law enforcement – even if it’s an “invasion” (which, it should be said, this isn’t).
[...]
One of the real issues with the Supreme Court handing down such significant rulings without explanation, as I write about in “The Shadow Docket,” is the lack of guidance it provides to government officials, lower courts and the public about what is and what is not allowed going forward.
Unfortunately, Monday’s ruling is a perfect example. Abbott is, quite obviously, provoking a fight over how far states can go to supplant, and not just supplement, federal law enforcement authority.
Until and unless the Supreme Court conclusively answers that question, we’re going to be in this limbo – with the unseemly prospect of a physical standoff between state and federal officials in Texas while that question goes unanswered.
CNN
No comments:
Post a Comment