What’s next in the Texas border wire legal battle?

Published January 24, 2024 1:31pm ET



Advocates for Texas’s efforts to place razor wire fences along the southern border say an appeals court should soon pave the way for such efforts after the Supreme Court ruled federal border agents could cut through them earlier this week.

The U.S. Supreme Court on Monday delivered a striking blow to Texas Gov. Greg Abbott (R), who has sought to use his border security program “Operation Lone Star” to block migrants from illegally entering the country. Through a 5-4 vote with no comments, the justices overturned a lower court injunction that permitted Texas to maintain miles of such fences around the southern border, siding with the Biden administration’s bid to allow federal Border Patrol to cut the wire fences.

Members of the U.S. Army build a razor wire fence around area for tents near the U.S.-Mexico International bridge, Saturday, Nov. 3, 2018, in Donna, Texas.
Members of the U.S. Army build a razor wire fence around area for tents near the U.S.-Mexico International bridge, Saturday, Nov. 3, 2018, in Donna, Texas. The Supreme Court ruled on Jan. 22 that such wire can be cut down by the federal government. | (AP Photo/Eric Gay)

Robert Henneke, executive director and general counsel for the Texas Public Policy Foundation and former state assistant attorney general, said the Supreme Court’s decision amounted to “upending” the legal process without any justification, adding, “I think it’s an abuse of discretion.”

Already a print subscriber? Click here to login/register your account

Trusted reporting.Unlimited access.

Subscribe for full access to Washington Examiner coverage, expert political analysis, and subscriber-only journalism.

Get Unlimited Access

Already a member? Log in

Cancel anytime.