A country without a border is not a country, especially when that country hands out benefits like candy on Halloween to the people who enter illegally. Nevertheless, since the day he took office, Biden has opened America’s southern border through a combination of openly illegal activity and devious readings of laws and regulations. Texas, which has borne the brunt of this conduct, finally started pushing back. But now, the Supreme Court has indicated that the federal government may indeed be able to destroy the border, effectively destroying America.
The saga began when the State of Texas put concertina wire barriers at Eagle Pass, the most vulnerable part of the border through which hundreds of illegal aliens have been streaming daily, devastating the local border communities. The Biden government promptly sued to stop Texas’s efforts to maintain its own sovereignty.
Put another way, the Biden administration desperately wants our country to be inundated by millions of people who have no loyalty to America, no education (or even literacy), no money, no sponsors, and no respect for the law. Moreover, it’s entirely comfortable with the reality that the open border allows in cartels, drug traffickers, sex traffickers, child traffickers, garden-variety criminals, spies, and terrorists.
Both the trial court and the Fifth Circuit held that Texas was within its rights to act and that it hadn’t violated either laws or regulations. The corollary is that the federal government does not have the right to storm in and clear away the concertina wire Texas set up on its side of the border. The Fifth Circuit, in a comprehensive decision, issued an injunction stopping the federal government from interfering with Texas’s efforts to keep illegal aliens from flooding its state. (Breitbart has a stellar analysis of the Fifth Circuit’s decision.)
The Biden Department of Justice promptly turned to the Supreme Court, asking it to reverse the Fifth Circuit’s decision. That matter has yet to be heard.
However, the DOJ also asked the Supreme Court for an order staying the injunction; that is, it asked the Supreme Court to void temporarily the Fifth Circuit’s order. In essence, the request asked the Supreme Court to say that, pending final review of the issue, the Biden government can re-open the border at Eagle Pass, once again allowing millions of illegal aliens to stream into America.
Before I get to what the Supreme Court did, one of the things you must understand about injunctions and stay requests is that the Court has to examine who will be hurt more pending a final decision: The person engaged in the contested activity or the person seeking to stop the contested activity. (That is, where do the benefits and burdens lie when maintaining the status quo.) In addition, the court must consider, on this first, superficial review, which party is more likely to win at the end of the day. Stay orders usually favor that party.
With that in mind, yesterday, the Supreme Court issued an order granting the Biden administration’s stay request. It’s concluded that there’s less harm from letting millions of people pour illegally into America while it decides the case than there is from keeping them out of America. It also may have indicated that it believes the merits lie with the Biden administration.
Given that the court ostensibly has a six to three “conservative” majority, who were the two “conservative” justices who sided with the order? That would be Chief Justice John Roberts and Justice Amy Coney Barrett. Justices Thomas, Alito, Gorsuch, and Kavanaugh voted against the stay. So, what gives?
Well, the order was one sentence without analysis, so we don’t know what reasoning drove the order. However, I have my own dark, paranoid theories (totally unsupported by any facts) about what happened. I’ve long thought that the Deep State has dirt on Roberts, and I think that Barrett is scared. Kavanaugh was gelded and will do whatever he’s told including siding with conservatives when that position is ineffectual.
As I said, nothing in the way of hard facts supports my ideas. They’re just my way of explaining away ostensibly conservative justices who, with rare exceptions, reliably favor Democrat policies or issue holdings that have the practical effect of benefitting Democrats.
Meanwhile, my baseless theories aside, the Supreme Court has said that it’s fine for the federal government to ignore the law, which is the ultimate assault on our Constitution. And the invasion of America continues unabated.