Top court’s brief order in border dispute doesn’t answer the why

Cotter’s Corner

By Daniel A. Cotter

Daniel A. Cotter is a member of Dickinson Wright PLLC and author of “The Chief Justices” (Twelve Tables Press). The views expressed here are solely his own. He can be reached at scotuslyyours@gmail.com.

Posted January 29, 2024 11:16 AM

The 5th U.S. Circuit Court of Appeals issued an order on Dec. 19, 2023, barring the Border Patrol from removing wire along the Rio Grande portion of the U.S.-Mexico border in Eagle Pass, Texas, except in instances of medical emergencies.In a brief order issued by the Supreme Court on Jan. 22, five justices vacated the injunction, with four in dissent, the thinnest of margins.The underlying factsThe dispute centers on Texas’ activities along the border. Texas constructed along more than 29 miles of land, both private and …

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