view the rest of the comments
News
Welcome to the News community!
Rules:
1. Be civil
Attack the argument, not the person. No racism/sexism/bigotry. Good faith argumentation only. This includes accusing another user of being a bot or paid actor. Trolling is uncivil and is grounds for removal and/or a community ban. Do not respond to rule-breaking content; report it and move on.
2. All posts should contain a source (url) that is as reliable and unbiased as possible and must only contain one link.
Obvious right or left wing sources will be removed at the mods discretion. We have an actively updated blocklist, which you can see here: https://lemmy.world/post/2246130 if you feel like any website is missing, contact the mods. Supporting links can be added in comments or posted seperately but not to the post body.
3. No bots, spam or self-promotion.
Only approved bots, which follow the guidelines for bots set by the instance, are allowed.
4. Post titles should be the same as the article used as source.
Posts which titles don’t match the source won’t be removed, but the autoMod will notify you, and if your title misrepresents the original article, the post will be deleted. If the site changed their headline, the bot might still contact you, just ignore it, we won’t delete your post.
5. Only recent news is allowed.
Posts must be news from the most recent 30 days.
6. All posts must be news articles.
No opinion pieces, Listicles, editorials or celebrity gossip is allowed. All posts will be judged on a case-by-case basis.
7. No duplicate posts.
If a source you used was already posted by someone else, the autoMod will leave a message. Please remove your post if the autoMod is correct. If the post that matches your post is very old, we refer you to rule 5.
8. Misinformation is prohibited.
Misinformation / propaganda is strictly prohibited. Any comment or post containing or linking to misinformation will be removed. If you feel that your post has been removed in error, credible sources must be provided.
9. No link shorteners.
The auto mod will contact you if a link shortener is detected, please delete your post if they are right.
10. Don't copy entire article in your post body
For copyright reasons, you are not allowed to copy an entire article into your post body. This is an instance wide rule, that is strictly enforced in this community.
Yeah, heading into the 2018 midterm Trump tried to create a border crisis. It didn't work. This is their election trick, create a lot of smoke, rile up the base, think that it will rile everyone else up.
I mean let's look at the core aspect of Abbott's argument from his statement.
Right out the gate, Abbott is based his ideology on a dissenting opinion. That is, the NON-MAJORITY finding of the court in Arizona v. United States. In fact, Arizona v. United States indicated explicitly that enforcement of the border was the sole privilege of the Federal Government. So right out the gate Abbott is literally using a case that ruled the opposite of the determination he indicated in his statement.
Additionally, Art. I, § 10, C. 3 of the Constitution.
Historically this was used for Native American invasions of property and so the key factor in cases around this is "will not admit of delay". Texas is not burning. No historical read of this section of the Constitution supports immigrants coming into the Nation. By definition as we have it thus far, Texas is not being invaded. Additionally, Scalia's conceptualization of this section, no other Justice has joined in on that understanding. So outside of the opinion of a single justice, a Governor just saying "I'm being invaded! I get to invalidate federal law!" nobody else has ever indicated this is the way it should be read.
With Art. I, § 10, C. 3, you can say "I'm being invaded!" But you still have to follow the law. You can fight invaders and maintain the law of this land, they are not mutually exclusive things, no matter how hard Abbott or Scalia wishes it to be otherwise.
And finally, the Art. IV, § 4 argument.
Again, no court would uphold that Texas is being invaded. But Abbott is adamant about Biden "isn't enforcing…" And the thing is, Governors do not get to legally make that determination. What laws are and are not being enforced by a President is the sole prerogative of the Executive branch. (Wayte v. United States)
The Governor of Texas cannot just unilaterally make a determination that the President isn't XYZing. That's what the court system is for and distinctly the thing that Abbott has lost. If the Governor felt that the President was not holding up their end, they have every right under Article III of the Constitution to take it up there. Which that's what Abbott did and lost. Also, why when he was questioned if his defiance would be upheld by SCOTUS, he merely indicated that he felt the 5th Circuit would uphold it. Meaning, he knows that SCOTUS will overturn any determination the Governor is making on this front.
And with all of that, his core argument has nothing. It's easy to pick apart. Now here's the thing, Gov. Abbott is not stupid in the legal sense. He's quite aware that his determination is unfounded. He's banking on stirring the pot enough to make either Biden do something so that can be plastered all over the place or getting the issue fresh into his base's minds.
And like I said, this is exactly what they did 2018 and lost. Abbott is just trying to get under everyone's skin and he seems determined to spend as much of Texan taxpayers' money in litigation to do that one thing.
Which is good because if we classify border-crossing migrants as "invaders" then not only does that mean really bad things for them, it means Abbott was funneling invaders further inside our borders by paying to bus them to denver or fly them to chicago or whatever else.
It's pretty clear he didn't think the treasonous implications of this particular initiative through very well.