The Texas border dispute, which already has raised tensions between left and right in America, has spread to other States. Twenty-five State governors pledged their support of the Texas position. Now Gov. Greg Abbott (R-Texas) confirms that ten of those States have dispatched contingents of their own National Guards to help Texas fortify the Texas-Mexican border. Not only that, but Texas is actively recruiting for its State Guard, which can never be subject to Presidential orders. This is the strongest drama about States’ rights since the War Between the States, but with this difference: Texas is technically defending the entire country from an invasion of irregulars. And at least half the country is positively responding.
Latest in the Texas border dispute
The Texas border dispute flared up this summer, when Texas installed physical barriers to the largest migrant inflow in history. These included buoys along the Rio Grande, and concertina wire along its northern riverbank. Lately Texas has redefined unlawful entry into, and presence in, Texas as misdemeanor criminal trespass. That allows State and local police to arrest migrants directly.
The Border Patrol took it upon itself to cut the concertina wire. Texas sued. The case is now active in the:
- United States District Court for the Western District of Texas (Austin Division),
- Court of Appeals for the Fifth Judicial Circuit, and the
- Supreme Court of the United States.
The Court of Appeals issued an injunction pending appeal, telling the Border Patrol to stop cutting the wire. On Monday morning (January 22), the Supreme Court tersely vacated the injunction. But the Supreme Court issued no further orders. The Court of Appeals has scheduled the case for oral argument on Thursday, February 8. They are already receiving friend-of-the-court briefs, two of which support the Texas position. No other court activity has taken place as of tonight.
Texas argues two things:
- The Border Patrol has no authority to destroy Texas state property, i.e. the concertina wire, and
- Texas is “actually invaded” and thus has the Constitutional authority to “engage in war.” (Article I Section 10 Clause 3.)
Widening of the dispute
Actually, Texas might now be doing considerably more than “engaging in war” on its own. Twenty-five State governors – which is to say, every other Republican governor except Gov. Phil Scott (R-Vt.) – have signed a joint declaration of support for the Texas position in the Texas border dispute. Gov. Kristi Noem (R-S.D.) said, according to Jim Hoft at The Gateway Pundit and Fox News:
If Greg Abbott needs more razor wire, I’ll load it into a pickup, myself!
Gov. Abbott would appear to have the benefit of more than a promise of “war” materiel. He is now visiting India on a junket to promote direct trade with that country. But he told Tucker Carlson that ten States had sent contingents of their National Guards. Abbott expects other States to join that effort, and says he is “prepared” for a military conflict.
At 6:07 p.m. EST today, Carlson posted this interview with the leader of a convoy of truckers now converging on Eagle Pass, Texas, which is where the inflows are the thickest. In this video he also had a conversation with Texas Attorney General Ken Paxton.
The Department of Homeland Security has at least twice – and maybe three times – sent letters to Attorney General Paxton:
- Demanding immediate removal of all concertina wire by Texas personnel, and
- Setting twenty-four-hour deadlines for compliance.
To each such letter, Gov. Abbott and Attorney General Paxton have replied with definite refusals. The most recent deadline passed at noon Central Time today.
Now, according to Newsweek, Texas is actively recruiting volunteers for its State Guard. Such volunteers would receive lodging, up to $55 per day, and presumably rations, for service in direct interdiction of illegal immigrants.
Lt. Gov. Dan Patrick (R-Texas) today told Laura Ingraham of Fox News that the Biden administration would be making “the biggest mistake [they] could make” if they confronted Texas law-enforcement or military personnel.
Texas also has the support of former officials of the FBI (according to Jim Hoft), and former officials of the Department of Homeland Security (according to Mike LaChance). These men warn that the migrants consist mainly, not of women and children, but of men of military age. These military-age men might be bent on sabotage, mass murder – or supporting a uniformed, disciplined, invading army. Sen. Ron Johnson (R-Wisc.) posted his copy of one of the letters:
As an aside, Dr. Antonio Graceffo, in a special to The Gateway Pundit, called for border closure and drug prohibition, not legalization, to reduce drug demand. And Wayne Allen Root, Assistant Editor of TGP, said the Texas border dispute was about the salvation of America itself. “We are all Texans now,” he warned. Opening the border, he charged, is the Democrats’ gambit to destroy the country, if they can’t cheat their way to a second Biden term. The Democrats have twelve months – and Texas is the key to stopping that plan.
How will the Texas border dispute play out?
If Wayne Allen Root is only halfway correct, the Biden administration – or rather, Barack H. Obama, the master puppeteer – made a major miscalculation. They clearly expected Texas to obey the implied order to allow the migration to continue unchecked. But it was only just that – an implied order. Thus far Gov. Abbott has said only that if the federal courts will not interdict the Border Patrol, Texas will. As Texas is now doing. Obama has a problem: no court has ordered Texas to dismantle any of its physical barriers completely. The one injunction ordering Texas to shift the buoys onto the Texas shore of the Rio Grande is now stayed. Indeed, the Fifth Circuit Court of Appeals is now the only court properly considering the Constitutional issues involved.
Rep. Jim Jordan (R-Ohio), Chairman of the House Judiciary Committee, made this provocative statement this afternoon:
Apparently the only consequence of Texas’ refusal to remove all barriers, is a moratorium on new Liquefied Natural Gas export terminal projects.
The Texas Nationalist Movement took notice.
They also took note of those 25 State governors pledging support.
TNM is also applying direct pressure on the Texas Republican Party to permit its non-binding referendum on the primary ballot.
Texas need have no fear of the LNG permitting pause. Projects like that take longer than a year, and the next Inauguration will take place in less time than that.
Of far greater concern would be any military confrontation. But the LNG permitting pause seems to indicate that this is the best Biden (or Obama) has got. Gov. Abbot’s cue is to make sure to deploy every asset he can scrape up, to stop the inflow. Even the federalization of the National Guard is less likely. The time to do that was noon Central Time today, and it didn’t happen. A regulatory moratorium – subject to obvious reversal in the next election – was the chosen response.
But Gov. Abbott has two more cards that he hasn’t thought of playing:
- Transfer all Texas Army and Air National Guard assets to the Texas State Guard, and
- Call the legislature into special session to pass the Texit Bill.
The very existence of a Texit Study Committee would hold the country’s full attention. It would also be the strongest warning Texas could give the Biden administration. With those two measures, Biden and Obama would be on notice. Either solve the Texas border dispute in a constitutional manner – meaning to enforce immigration law and repel this invasion – or watch Texas, as an independent Republic in all but name, or at least at the head of a Constitutionally allowed compact, enforce that law themselves.
Terry A. Hurlbut has been a student of politics, philosophy, and science for more than 35 years. He is a graduate of Yale College and has served as a physician-level laboratory administrator in a 250-bed community hospital. He also is a serious student of the Bible, is conversant in its two primary original languages, and has followed the creation-science movement closely since 1993.
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