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this post was submitted on 25 Jan 2024
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politics
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Abbott is already ignoring SCOTUS; what makes you think he'd listen to a court's definition of "invasion"?
The point is if Abbott is really going to stick this whole path.
Abbott is going to do what he's going to do. He's just digging a hole deeper and deeper for himself and for his State.
Abbott's statement indicates that the President is violating (insert a lot of stuff) but Abbott has not made that argument successfully in court. The courts have not sided with him on this point. Which is why he's trying to do this unilateral stuff and mentioning "compact" and what have you. None of it has legal standing and he knows it.
Good example in his citation of Arizona v. United States, Abbott is not quoting the majority opinion. He is quoting the dissenting opinion, you know the one that the Court as a whole DID NOT go with. And he's using Scalia's conceptualization of Art. I § 10 C. 3 which no one else on the Court agreed with. Abbott is using legal arguments that are not legal arguments, they are the opinion of a single justice. That's how incredibly shoddy the ground is on which he is placing his argument. The Governor of Texas is just randomly selecting opinions from Justices, and ones that were not the majority opinion, to make his case.
Even more so, Ted Cruz is in the Senate trying to get a bill passed that will legitimize some of what Abbott is doing. Abbott's current argument would be like him pointing to that bill and saying "Well Congress purposed it! It didn't pass and become law, but they purposed it, so I'm allowed to do (insert whatever)." Like he talks a lot of law in his statement, but none of it is actual legal arguments. That really the thing I think a lot of people are forgetting here. Abbott for lack of a better term, it quite literally just yanking shit form his ass and calling it law of the land.
The United States is fully aware that Texas has no leg to stand on, so the US is more than willing to give Texas as much rope as they feel they need to hang themselves with. The litigation costs are already skyrocketing for Texas and I guess Abbott and Texas as a whole is feeling okay to spend another billion losing in court.
So Abbott can continue to play this game if he feels so inclined, but it's all losses and litigation bills up ahead. He doesn't have a legal argument and the fact that Senator Cruz is trying so hard to "help him out" is evidence that Abbott has nothing.
14th amendment. He can obey the court, or he can be declared an insurrectionist, and unqualified to hold any public office.
Jokes on you. He's already unqualified to hold any public office.
Yes, but not yet legally so. If we're lucky, on the other hand...
Yeah, people aren’t real keen on having that happen