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Finally, somebody has the guts to stand up to Greg Abbott.
We can only hope that U.S. District Judge David Ezra’s refusal to cow to the Texas governor’s bluster might embolden others to do the same.
During a hearing on a federal lawsuit seeking removal of 1,000-foot string of buoys, saw blades, nets and razor wire planted in the Rio Grande near Eagle Pass, Ezra stopped state attorneys when they began talking about the state’s need, and right, to stop an “invasion” by Mexican drug cartels. That argument, whether true or not, was not at issue in the lawsuit brought by the U.S. Justice Department.
“I’m not here to engage in nor do I have any inclination to engage in any type of political comment in this decision,” said Ezra, who was appointed by President Ronald Reagan. “We are here for the purposes of determining whether this is a barrier to navigation, whether this is a navigable waterway.”
The Rio Grande once was a major trade corridor, although it hasn’t been used in that capacity for years. Federal law gives jurisdiction for navigable waterways to the federal government. As an international border, the river also is governed by international treaty, which constitutionally is the purview of the federal government.
State attorneys said federal officials had informed the International Boundary and Water Commission, which has jurisdiction over the river, of its intent to install the buoys, but apparently no permission was given.
The IBWC and the Mexican government both have filed complaints about the buoys, and both said they were placed in Mexican waters. Texas attorneys said the structure had drifted into that area, although they were unable to explain to the judge how the string, held in place by 70 anchors, could have drifted that far south.
Texas Department of Public Safety workers moved the buoys closer to U.S. soil over the weekend, ahead of Tuesday’s hearing.
During the entire process, U.S. and Mexican officials have tried to be diplomatic, only to be met with arrogance and bluster from our governor.
“We’ll see you in court,” Abbott replied to initial U.S. complaints about the structure which is part of his $10 billion — so far — Operation Lone Star border operation.
Armed with the IBWC’s opposition and the U.S. Constitution on their side, federal officials might be inspired by Ezra’s take-no-guff attitude. They could invoke their authority and start removing the structures, which would test Abbott’s resolve and perhaps expedite resolution of the matter in the courts.
Likewise, the Mexican government, which Hillary Quam, the State Department’s U.S.-Mexico border coordinator, has raised the issue six times through meetings and formal protests, could have asserted its authority and removed any structures from its waters, even if they “drifted” south — just like the U.S. government invoked its own authority to shoot down Chinese balloons that “drifted” over U.S. territory in February.
If U.S. and Mexican officials truly believe they have right on their side, they should act like it, and be willing to stand up to Greg Abbott’s careless disregard for human life, and for taxpayers’ money.
