Author Topic: Border Crisis: 5th Circuit Allows Texas to Keep Buoys for Now  (Read 192 times)

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Offline Elderberry

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Border Crisis: 5th Circuit Allows Texas to Keep Buoys for Now
« on: January 17, 2024, 11:59:40 pm »
Legal insurrection by  Mary Chastain Wednesday, January 17, 2024

The court granted the en banc hearing, which will consist of all the appellate court’s judges. It is scheduled for May 2024.

The entire 5th Circuit Court of Appeals ruled that Texas could keep its border barrier as the court rehearsed the case against court rulings that declared the buoys illegal.

“Enclosed is the court’s order filed this date directing this case be reheard en banc with oral argument,” wrote Angelique Tardie, the deputy clerk. “Under Fifth Circuit Local Rule 41.3 this order vacates the previous opinion and judgment of this court and stays the mandate.”

President Joe Biden’s administration has been dragging Texas through the courts to force the state to remove the barriers.

In September, Judge David Alan Ezra of the U.S. District Court Western District of Texas – Austin Division ordered Texas to remove the buoys from the Rio Grande in a preliminary injunction.

Ezra gave Texas until September 15 to remove the barrier.

Texas appealed.

The 5th Circuit panel temporarily halted Ezra’s order.