In a recent legal battle in Texas, Governor Greg Abbott is asserting a strong legal case, arguing that the state has the right to defend itself when the federal government fails to do so. Constitutional Attorney Mark Smith contends that Governor Abbott's position is legally sound. The governor is enforcing laws against illegal border crossings, while the Biden administration is seen as failing to uphold these laws. Smith also highlights the constitutional standpoint, stating that the federal government is obligated in the Constitution to protect states from invasion. As Texas has experienced millions of illegal entries during the Biden administration, Abbott believes he has the authority as a state to counteract this invasion in the absence of federal action.
Concerning the interpretation of the term 'invasion,' legal experts hold differing opinions. While some believe the argument may face difficulties in court, invoking the political question doctrine could lead to the courts deferring the decision to the elected officials at both state and federal levels. Smith maintains that this case raises questions of who defines what constitutes an invasion, a decision that may ultimately rest with the political process rather than the courts.
