A federal appeals court Wednesday ruled that Border Patrol agents cannot cut razor wire that Texas installed on the U.S.-Mexico border in the town of Eagle Pass, which has become the center of the state’s aggressive measures to curb migrant crossings.
The decision by the 5th U.S. Circuit Court of Appeals is a victory for Texas in a long-running rift over immigration policy with the Biden administration, which has also sought to remove floating barriers installed on the Rio Grande.
Texas has continued to install razor wire along its roughly 1,200-mile (1,900 kilometers) border with Mexico over the past year. In a 2-1 ruling, the court issued an injunction blocking Border Patrol agents from damaging the wire in Eagle Pass.
“We continue adding more razor wire border barrier,” Republican Gov. Greg Abbott posted on the social platform X in response to the ruling. A spokesperson for the Department of Homeland Security did not immediately respond to an email seeking comment Wednesday.
Some migrants have been injured by the sharp wire, and the Justice Department has argued the barrier impedes the U.S. government’s ability to patrol the border, including coming to the aid of migrants in need of help. Texas contended in the lawsuit originally filed last year that federal government was “undermining” the state’s border security efforts by cutting the razor wire.
The ruling comes ahead of President-elect Donald Trump returning to office and pledging a crackdown on immigration. Earlier this month, a Texas official offered a parcel of rural ranchland along the U.S.-Mexico border to use as a staging area for potential mass deportations.
Arrivals at the U.S.-Mexico border have dropped 40% from an all-time high in December. U.S. officials mostly credit Mexican vigilance around rail yards and highway checkpoint.
After approximately five weeks, 19 witnesses, reams of documents and a dash of salacious testimony, the prosecution against Donald Trump rested its case Monday, handing over to the defense before closing arguments expected next week.
Trump’s team immediately sought to undermine key testimony against the former president, who is accused of covering up hush money paid to a porn star over an alleged encounter that could have derailed his successful 2016 White House bid.
His attorneys called lawyer Robert Costello — who once advised star prosecution witness Michael Cohen before falling out with him — in an apparent attempt to puncture Cohen’s credibility.
But Costello’s start on the stand was shaky at best, as his dismissive tone provoked an angry response from Judge Juan Merchan.
Merchan chided Costello for remarking “jeez” when he was cut off by a sustained objection and, at another point, “strike it.” Merchan told him: “I’m the only one that can strike testimony in the courtroom. Do you understand that?”
"And then if you don’t like my ruling, you don’t give me side eye and you don’t roll your eyes.”
Merchan was about to bring the jury back in when he asked Costello, “Are you staring me down right now?” and then kicked out the press to further admonish him.
"I’m putting you on notice that your conduct is contemptuous,” Merchan said, according to the transcript of the conversation that occurred when the press was out of the room. ”If you try to stare me down one more time, I will remove you from the stand.”
Costello didn’t return a message seeking comment Monday night.
Trump, speaking to reporters afterward, called the episode “an incredible display,” branding the proceedings “a show trial” and the judge “a tyrant.”
Extended quibbling among the two legal teams, along with the upcoming holiday weekend, means closing arguments that the judge had hoped could start Tuesday are now anticipated for next week.
It’s unlikely and risky, but the door remains open for Trump to take the stand in the criminal trial, the first ever of a former US president.
Experts doubt he will, as it would expose him to unnecessary legal jeopardy and forensic cross-examination by prosecutors — but his lawyer Todd Blanche has raised the prospect.
On Monday, Blanche finished his third day of questioning Cohen after hours of at times digressive, at other times bruising, exchanges.
Europe’s highest human rights court ruled Tuesday that countries must better protect their people from the consequences of climate change, siding with a group of older Swiss women against their government in a landmark ruling that could have implications across the continent.
The European Court of Human Rights rejected two other, similar cases on procedural grounds — a high-profile one brought by Portuguese young people and another by a French mayor that sought to force governments to reduce greenhouse gas emissions.
But the Swiss case, nonetheless, sets a legal precedent in the Council of Europe’s 46 member states against which future lawsuits will be judged.
“This is a turning point,” said Corina Heri, an expert in climate change litigation at the University of Zurich.
Although activists have had success with lawsuits in domestic proceedings, this was the first time an international court ruled on climate change — and the first decision confirming that countries have an obligation to protect people from its effects, according to Heri.
She said it would open the door to more legal challenges in the countries that are members of the Council of Europe, which includes the 27 EU nations as well as many others from Britain to Turkey.
The Swiss ruling softened the blow for those who lost Tuesday.
“The most important thing is that the court has said in the Swiss women’s case that governments must cut their emissions more to protect human rights,” said 19-year-od Sofia Oliveira, one of the Portuguese plaintiffs. “Their win is a win for us, too, and a win for everyone!”
The court — which is unrelated to the European Union — ruled that Switzerland “had failed to comply with its duties” to combat climate change and meet emissions targets.
The Supreme Court on Monday unanimously restored Donald Trump to 2024 presidential primary ballots, rejecting state attempts to ban the Republican former president over the Capitol riot.
The justices ruled a day before the Super Tuesday primaries that states cannot invoke a post-Civil War constitutional provision to keep presidential candidates from appearing on ballots. That power resides with Congress, the court wrote in an unsigned opinion.
Trump posted on his social media network shortly after the decision was released: “BIG WIN FOR AMERICA!!!”
The outcome ends efforts in Colorado, Illinois, Maine and elsewhere to kick Trump, the front-runner for his party’s nomination, off the ballot because of his attempts to undo his loss in the 2020 election to Democrat Joe Biden, culminating in the Jan. 6, 2021, attack on the Capitol.
The justices sidestepped the politically fraught issue of insurrection in their opinions Monday.
The court held that states may bar candidates from state office. “But States have no power under the Constitution to enforce Section 3 with respect to federal offices, especially the Presidency,” the court wrote.
While all nine justices agreed that Trump should be on the ballot, there was sharp disagreement from the three liberal members of the court and a milder disagreement from conservative Justice Amy Coney Barrett that their colleagues went too far in determining what Congress must do to disqualify someone from federal office.
Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson said they agreed that allowing the Colorado decision to stand could create a “chaotic state by state patchwork” but said they disagreed with the majority’s finding a disqualification for insurrection can only happen when Congress enacts legislation. “Today, the majority goes beyond the necessities of this case to limit how Section 3 can bar an oathbreaking insurrectionist from becoming President,” the three justices wrote in a joint opinion.
It’s unclear whether the ruling leaves open the possibility that Congress could refuse to certify the election of Trump or any other presidential candidate it sees as having violated Section 3.
Derek Muller, a law professor at Notre Dame University, said “it seems no,” noting that the liberals complained that the majority ruling forecloses any other ways for Congress to enforce the provision. Rick Hasen, a law professor at the University of California-Los Angeles, wrote that it’s frustratingly unclear what the bounds might be on Congress.