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https://www.alternet.org/house-republicans-invoke-greg-abbott/
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twenty-two House Republicans have signed on to a motion filed in federal court requesting to be allowed to join Governor Greg Abbott in defending the Texas Republican against a federal government lawsuit alleging his 1000 feet of razor wire and floating buoys constructed of circular saw blades, designed to prevent migrants from crossing into the United States from Texas, are illegal.
They have invoked the Bible’s Book of Genesis, including Noah’s Ark, to make their case.
“In a motion filed on behalf of U.S. Rep. Jodey Arrington, R-Lubbock, and other GOP members, lawyers for the conservative Texas Public Policy Foundationhave asked to be part of the case and targeted how a key law is interpreted in it,” the Houston Chronicle reports.
The Texas Public Policy Foundation is the right-wing organization The New York Times last year profiled as “The Texas Group Waging a National Crusade Against Climate Action.”
RELATED: Supreme Court in Hand, Far Right Wing Prepares to ‘Take the Reins of Government’
The buoys, deployed on the Rio Grande river, may have led to the deaths of two migrants, possibly including a child.
Democratic U.S. Rep. Joaquin Castro of Texas called the buoys “barbaric,” and in video showed they are constructed of circular saw blades. In that video Congressman Castro also points to Governor Abbott’s razor wire fences.
Sawyer Hackett, a senior advisor to former Obama Cabinet Secretary Julián Castro, referred to the floating fences as “razor wire death trap buoys.”
“A key point to the Arrington group’s defense is whether the 1,900-mile Rio Grande should be defined as a navigable waterway despite being used by thousands of boats every year,” The Chronicle explains. “They point to a court case from 1870 that suggested that the term navigable waterway is intended to mean moving commerce from one state to another or to a different country and not just one where any small boat occasionally uses the river.”
READ MORE: Critics Blast Top US Conservative Think Tank President for Applauding Italy’s Election of ‘Neo-Fascist’ Prime Minister
That’s where the Bible and Noah’s Ark come in.
“Indeed, if one takes the Book of Genesis literally, then the entire world was once navigable by boats large enough to carry significant amounts of livestock,” the proposed amicus brief reads. “Under the federal government’s theory, these anecdotes would render any structure built anywhere in Texas an obstruction to navigationsubject to federal regulation.”
Governor Abbott has had a long partnership with theTexas Public Policy Foundation.
In 2016, as NCRM reported, Abbott while at the Texas Public Policy Foundation, unveiled a major policy plan toalter the U.S. Constitution, adding nine amendments,the result of which could have lead to same-sex marriage bans and anend of LGBTQ protections.
According to Congressman Arrington, the list of signatories to his amicus brief include: Rep. Jodey Arrington, Dr. Michael Burgess, Rep. August Pfluger, Rep. Brian Babin, Rep. Andy Biggs, Rep. Roger Williams, Rep. Lance Gooden, Rep. Beth Van Duyne, Rep. Jake Ellzey, Rep. Vern Buchanan, Rep.Chip Roy, Rep. Nathaniel Moran, Rep. David Rouzer, Rep. Pete Sessions,Rep. Ronny Jackson, Rep. Sam Graves,Rep. Clay Higgins, Rep. Michael Cloud,Rep. Keith Self, Rep. John Carter, Rep. Jeff Duncan, Rep. Kat Cammack.
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https://arrington.house.gov/news/documentsingle.aspx?DocumentID=1063
Watch the video above or at this link.
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PRESS RELEASES
Arrington Leads Colleagues in Filing Texas Border Lawsuit Amicus Brief
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Washington, August 9, 2023
WASHINGTON, D.C. – Today, Rep. Jodey Arrington filed an amicus brief, with 21 Members of Congress – including House Border Security Caucus Co-Chairs Rep. Brian Babin and Rep. Andy Biggs – in opposition to the Biden Department of Justice suing the State of Texas for placing buoy barriers in the Rio Grande River.
“Sovereign states do not have to be passive victims of Biden’s border crisis and a failed federal government. Article IV Section 4 and Article I Section 10 of the Constitution grant Governor Abbott the explicit right to defend the border and protect Texans, and the construction of the buoy barrier is completely within his constitutional power and authority,” said Rep. Arrington. “Biden’s DOJ is stretching far and wide; this time,by using obscure laws and regulations to impede the Governor of Texas from protecting his citizens against the “imminent danger” and “invasion” of drugs and crime pouring into our state by terrorist drug cartels. I’m proud to lead this Amicus Brief in support of the Governor as he stands his ground on the firm foundation of the US Constitution and his sovereign right to secure the southern border and keep Texans safe.”
“Texas has worked tirelessly to fill the void left by this administration and defend us against the invasion taking place at our southern border,” said Congressman Brian Babin (TX-36), House Border Security Caucus Co-Chair. “The Lone Star State has the constitutional right to protect its borders in the wake of the president’s outright refusal to do so, and I fully support that effort.”
“It is the proper role for the courts to constrain the Biden Administration to the statutory limits set by Congress. In this case, the federal government has not offered sufficient evidence to support its injunction motion, which then must be denied,” said Robert Henneke, Executive Director and General Counsel for Texas Public Policy Foundation (TPPF).
“The way the Court decides this motion matters,” said Chance Weldon, Senior Attorney and the Director of Litigation for Center for the American Future at TPPF. “The Rivers and Harbors Act extends federal criminal jurisdiction over ordinary Americans well outside of the politically charged confines of this case. Given these stakes, it is not too much to insist that the federal governmentput some boots on the ground and collect actual evidence before it can claim jurisdiction.”
Background:
In early July, Texas placed a series of buoys in the Rio Grande River to deter illegal immigrants from crossing the border.
Rep. Arrington as long argued that states have the sovereign right to defend the border when the federal government fails to do so.
For the past two congresses, Arrington has introduced legislation affirming Texas’ right to defend its sovereignty, protect its citizens, and enforce the law.
Last month, Arrington led a press conference with his Texas colleagues emphasizing Texas’ right to protect their border from invasion.
On July 24th, the Biden Administration Department of Justice filed a lawsuit against Texas, claiming Governor Abbott violated federal law by installing the buoys and asked a judge to order the defendants to “promptly remove the unauthorized obstruction.”
The DOJ’s lawsuit cites the Rivers and Harbors Appropriation Act of 1899, which bars the “creation of any obstruction not affirmatively authorized by Congress, to the navigable capacity of any of the waters of the United States,” and claims Governor Abbott failed to obtain a permit through the U.S. Army Corps of Engineers before installing the buoys.
Rep. Arrington’s Amicus Brief outlines the following points:
The federal government is one of limited and enumerated powers. Unlike the states, which have general police powers, the federal government must point to an explicit grant of authority from the Constitution when it chooses to regulate.
The Department of Justice has failed to provide sufficient evidence that the Rivers and Harbors Act explicitly grants the federal government the authority to stop Texas from constructing buoy barriers.
The Department of Justice’s attempt to argue that a decades-old deeming of the Rio Grande River as “navigable” should hold true today is unserious and insufficient.
Read the full text of the brief here.
List of signers: Rep. Jodey Arrington, Dr. Michael Burgess, Rep. August Pfluger, Rep. Brian Babin, Rep. Andy Biggs, Rep. Roger Williams, Rep. Lance Gooden, Rep. Beth Van Duyne, Rep. Jake Ellzey, Rep. Vern Buchanan, Rep. Chip Roy, Rep. Nathaniel Moran, Rep. David Rouzer, Rep. Pete Sessions, Rep. Ronny Jackson, Rep. Sam Graves, Rep. Clay Higgins, Rep. Michael Cloud, Rep. Keith Self, Rep. John Carter, Rep. Jeff Duncan, Rep. Kat Cammack
https://acrobat.adobe.com/link/review?uri=urn%3Aaaid%3Ascds%3AUS%3Abf7d2f17-a55c-49d5-a924-fab4ba08c6df
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION UNITED STATES OF AMERICA, Plaintiff, v. GREG ABBOTT, in his capacity as GOVERNOR OF THE STATE OF TEXAS, and THE STATE OF TEXAS,
Defendants. Case No. 1:23-CV-00853-DII
MOTION OF UNITED STATES REPRESENTATIVES JODEY C. ARRINGTON, ET AL FOR LEAVE TO FILE AN AMICI CURIAE BRIEF IN OPPOSITION TO PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION Pursuant to Local Rules CV-7 Amicus Curiae, twenty members of the United States Congress, respectfully request leave to file the accompanying short amicus curiae brief (Ex. 1) in opposition to the Plaintiff’s Motion for Preliminary Injunction. Amici have reached out to the parties in this case. Defendants consent to the filing
...
MOTION OF UNITED STATES REPRESENTATIVES JODEY C. ARRINGTON, ET AL FOR LEAVE TO FILE AN AMICI CURIAE BRIEF IN OPPOSITION TO PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION
Pursuant to Local Rules CV-7 Amicus Curiae, twenty members of the United States Congress, respectfully request leave to file the accompanying short amicus curiae brief (Ex. 1) in opposition to the Plaintiff’s Motion for Preliminary Injunction. Amici have reached out to the parties in this case. Defendants consent to the filing of this brief. Plaintiff takes no position. Amici take no position on the ultimate merits of this case. Instead, Amici seek to file a short brief regarding the proper test that this Court should apply when interpreting the Rivers and Harbors Act. As members of Congress, amici have a strong interest in ensuring that federal administrative agencies are bound by the text of Congressional statutes. This is particularly important when, as here, the statute at issue contains a jurisdictional element tying federal authority to Congressional power under the Commerce Clause. Moreover, amici represent constituents who live and work adjacent to rivers and streams. These ordinary Americans are also subject to Rivers and Harbors Act— a statute with both civil and criminal penalties. Amici therefore have a strong interest in ensuring that federal agencies do not adopt an over-broad reading of the statute. Finally, Amici’s counsel, the Texas Public Policy Foundation, has substantial experience litigating the meaning of the term “navigable waters,” and the scope of the Commerce Clause. See, e.g., BST Holdings, L.L.C. v. OSHA, 17 F.4th 604 (5th Cir. 2021) (Commerce Clause); Terkel v. CDC, 521 F. Supp. 3d 662 (E.D. Tex. 2021) (Commerce Clause); Orchard Hill Bldg. Co. v. United States Army Corps of Eng'rs, 893 F.3d 1017 (7th Cir. 2018) (navigable water). The attached amicus brief would therefore aid the Court in deciding these important issues. Because this brief is filed simultaneously with Defendants’ response, the brief is timely and neither party will be prejudiced. Amici therefore respectfully request leave to file the attached amicus curiae brief.
/s/Chance Weldon ROBERT HENNEKE TX Bar No. 24046058 rhenneke@texaspolicy.com CHANCE WELDON TX Bar No. 24076767 cweldon@texaspolicy.com TEXAS PUBLIC POLICY FOUNDATION 901 Congress Avenue Austin, Texas 78701 Telephone: (512) 472-2700 Facsimile: (512) 472-2728 Counsel for Amici Curiae