The 5th US Circuit Court of Appeals ruled in favor of Texas on Tuesday in the ongoing legal dispute with the Biden administration regarding the state's construction of a floating barrier in the Rio Grande. The appeals court overturned a judge's preliminary ruling that had ordered Texas to remove the barriers, citing that the relevant federal law likely did not apply to the area where the buoys were placed.
Circuit Judge Don Willett, writing for the majority, stated that there was no evidence to suggest that the barrier posed a safety threat and rejected arguments that its removal was necessary to ease diplomatic tensions with Mexico. However, seven judges signed dissents, with Circuit Judge James Ho arguing that Texas should prevail due to the strategic military nature of the barrier construction.
