A talking point cropping up on social media and press contends that Texas Governor Greg Abbott is “ignoring” or “defying” the Supreme Court by continuing to erect fencing along the U.S.-Mexican border. This is wrong.
Abbott can’t ignore the Supreme Court because Texas wasn’t ordered to do anything. SCOTUS vacated an order against the Department of Homeland Security [sic] that stopped the Feds from cutting down razor fencing along the border. Nothing says that Texas can’t erect the fencing.
Though, you must marvel at the breathtaking audacity of Democrats suddenly treating the court’s (non-existent) words as if they were sacred text. This very week, President Joe Biden again ignored the court, rolling out yet another iteration of his unconstitutional student “loan forgiveness” program. Biden habitually circumvents, ignores, defies, attacks, and demeans SCOTUS — and Democrats cheer him on along the way. Senate leaders and “dark money” fake media organizations like ProPublica have poured millions into delegitimizing and smearing the court to undermine its authority.
Now, it is true that Biden has the power to ratchet up the fight, take federal control of the border, and implement any policy he desires — or, more specifically, any non-policy he desires. The Biden administration is standing in the way of Texas’ efforts to enforce state and federal law. Once that happens, we can have our constitutional crisis.
As a political matter, the case tells us that the border mayhem is not only a matter of historic incompetence but is also driven by
