Tuesday, January 30, 2024

Why, it's like you can't trust what the media says,

and can't trust those 'conservatives' urging everybody to head to the border to face the feds!
In the relevant case, Department of Homeland Security v. Texas, Texas is suing the federal government, in tort, for the destruction of state property (c-wire barriers and the like). The district court generally concluded that Texas was right on the facts, but wrong on the law, because Texas could not seek money damages from the federal government due to sovereign immunity. The U.S. Court of Appeals for the Fifth Circuit enjoined the federal government from taking additional actions that remove or destroy c-wire barriers on state and private land, save where such actions were necessary to address a medical emergency, pending additional proceedings. Among other things, the Fifth Circuit concluded Texas would be likely to show the federal government had waived its sovereign immunity under 5 U.S.C. Section 702.

All the Supreme Court did (in this order) is eliminate this injunction—likely because it concluded that the federal government is likely to prevail on sovereign immunity grounds. It did not rule on—indeed, it was not called to rule upon—the lawfulness of anything Texas is doing. Nothing in what the Supreme Court did told Texas to take or refrain from any action.



2 comments:

Rob said...

All the media is corporate owned and is the propaganda arm of the cabal running things.

James said...

Thank you for calling this out. I am so sick of seeing this crap in the news everywhere. Everyone is misrepresenting the situation for their agenda.