Judge Blocks Greg Abbott’s Order to Protect the Border, Sides With DOJ Instead

Judge Blocks Greg Abbott's Order to Protect the Border, Sides With DOJ Instead

(RightWing.org) – In the wake of the Biden administration’s failed border security policies and with COVID-19 on the rise, Texas Governor Greg Abbott (R) issued an executive order on July 28 restricting the transport of migrants by anyone other than federal, local, and state officials. In addition, his order directed Texas Department of Public Safety officials to stop any civilian-operated vehicle suspected of transporting migrants.

On August 3, El Paso-based US District Judge, Kathleen Cardone, issued a temporary restraining order blocking Abbott’s directive until at least August 13. Attorney General Merrick Garland threatened to take action last week against Abbott if he didn’t rescind his executive order, but Abbott refused to budge.

However, the case may not be as simple as it might appear. For example, the US Centers for Disease Control and Prevention (CDC) issued an order on August 2 extending its ban on the entry of certain individuals across US borders in light of the rising spread of the Delta variant of the COVID-19 virus.

Because Abbott based his executive order on preserving Texans’ health and welfare against new infection sources, it’s entirely possible the court could view his action as an obvious extension of the CDC order. Who’s in charge anyway: governors, the CDC, the Department of Justice? And if the DOJ is in charge, why would it get priority during public health emergencies over the CDC?

Sure, Gov. Abbott may have lost the first round in court, but obtaining a temporary restraining order is miles away from winning a case. Perhaps someone should have warned AG Garland not to ‘mess with Texas.’

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