• AnneBonny@lemmy.dbzer0.com
    link
    fedilink
    English
    arrow-up
    34
    ·
    7 months ago

    Texas Gov. Greg Abbott ® is relying on the compact theory of the U.S. Constitution to defy the U.S. Supreme Court

    Is this the Supreme Court ruling that said that Border Patrol could cut barbed wire in Eagle Pass?

    • Jaysyn@kbin.social
      link
      fedilink
      arrow-up
      45
      arrow-down
      1
      ·
      7 months ago

      Yes and if you notice Abbott isn’t actually preventing that order from being carried out. That’s why no one has been arrested under 18 U.S. Code § 372 yet.

      Abbot is just making a lot of noise & wasting tax payer money. This is political theater for #fascists.

      • IHeartBadCode@kbin.social
        link
        fedilink
        arrow-up
        15
        ·
        7 months ago

        Tax payer money is never “wasted”, it’s always kickbacks.

        I assure everyone here, some of Abbott’s friends are making bank off this.

      • SoylentBlake@lemm.ee
        link
        fedilink
        English
        arrow-up
        9
        arrow-down
        1
        ·
        7 months ago

        Cuz legally “compact” isn’t a thing and they know it, their language is intentional. If it was a real judicial thing you bet yr ass they’d be calling it that. This is all smoke and whistles. Testing the Overton window with pre-secessionist speak.

        • Jaysyn@kbin.social
          link
          fedilink
          arrow-up
          6
          arrow-down
          1
          ·
          edit-2
          7 months ago

          No, they don’t. SCotUS order didn’t say anything about Texas not putting more wire up.

          They can’t stop the Federal government from removing it.

          • LifeInMultipleChoice@lemmy.world
            link
            fedilink
            arrow-up
            4
            arrow-down
            1
            ·
            edit-2
            7 months ago

            What part of these comments do not conflict? I even minimized the third comment to make sure there wasn’t confusion. Apparently I needed to not include the topic they were responding to because that confused people.

            How could the federal government be cutting the wire and not be allowed in at the same time? Conflict

            • LopensLeftArm@sh.itjust.worksOP
              link
              fedilink
              arrow-up
              7
              arrow-down
              1
              ·
              edit-2
              7 months ago

              What the Supreme Court did was vacate the lower court’s injunction against federal officials cutting or removing the wire. SCOTUS said that ruling was incorrect, and therefore the federal officials can proceed.

              SCOTUS did not directly order Texas to permit them to do so (federal law and the Supremacy Clause arguably already require that), and it did not directly prohibit Texas from putting up more wire.

              Texas is in defiance of the Supreme Court’s ruling that the law permits federal officials to remove the wire, and is actively impeding and interfering with federal authority to an extent we haven’t seen in decades, but as the Supreme Court hasn’t given any direct orders to Texas regarding this issue, Abbott is not in violation of them to risk being arrested under the statue the other commenter referenced.

              • LifeInMultipleChoice@lemmy.world
                link
                fedilink
                arrow-up
                4
                arrow-down
                1
                ·
                edit-2
                7 months ago

                I must be missing something.
                So the law states the federal government can remove the wire, and Texas is obstructing it. How would they not be in violation if they are impeding them from removing it?

                • LopensLeftArm@sh.itjust.worksOP
                  link
                  fedilink
                  arrow-up
                  4
                  ·
                  7 months ago

                  They arguably absolutely are in violation of federal law, and are actively interfering with federal authority. What they are not doing is violating a ruling from the Supreme Court requiring them to act or to refrain from acting, so there isn’t clear, cut-and-dry grounds for immediate arrest. Abbott is pushing back against federal authority to see how far he can go, but he’s not outright refusing to abide by a directive from the Supreme Court, because the Court has given no such directive.

                  • LifeInMultipleChoice@lemmy.world
                    link
                    fedilink
                    arrow-up
                    3
                    ·
                    7 months ago

                    Then why could they not arrest them for breaking the federal law…? That existed whether or not the supreme court said anything.

                    They don’t need to argue about judicial proceedings they are the executive branch, their job is to make the arrests for breaking federal law. Then courts can decide whether they are guilty. That’s why we have the separation. This bologna about asking a judiciary to decide whether someone is guilty of an act before making the arrests clearly just allows more issues to arrise.