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The legal back-and-forth over buoys in the Rio Grande

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An appellate court added another twist in the ongoing legal battle over buoys placed in the Rio Grande river as a deterrent to illegal immigration. Earlier this week a federal court judge ordered Texas to move the buoys to the riverbank, but the 5th Circuit Court of Appeals stayed that order roughly 24 hours after it was issued.

A federal judge ruled against the state of Texas in an on-going lawsuit over the use of buoys in the Rio Grande River.

“What that mean is, we’re going to pause this temporarily to allow all the parties to submit briefs and other filings,” said Josh Blackman, constitutional law professor at the South Texas College of Law. “This is just basically a temporary, administrative stay that might last maybe a week or two until the panel can decide whether to grant a stay for a longer duration.”

Texas claimed it didn’t need permission because the water is too shallow in this part of the Rio Grande for it to be considered a navigable waterway. The state also argued it has the constitutional right to place the buoys in the river to deter what Gov. Greg Abbott said amounts to an invasion.

 

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