Texas begins appeal of ruling requiring it to take down Rio Grande barrier

Attorneys for the state of Texas argued in court Thursday that the barrier Gov. Greg Abbott ordered installed in the Rio Grande should be allowed to remain since the shallow river isn’t technically navigable, the Associated Press reports.

The lawyers made the argument in front of the three-judge 5th U.S. Circuit Court of Appeals in New Orleans. Texas appealed the case to that court after U.S. District Judge David Ezra ruled in August that the buoys should be removed.

Ezra ruled that the barrier threatened public safety and damaged the diplomatic relationship between the U.S. and Mexico. He also argued that the buoys — first deployed in early July — obstructed watercraft traffic in violation of the U.S. Rivers and Harbors Act of 1899.

Texas attorney Lanora Pettit argued Thursday that the shallow and rocky Rio Grande, known for its strong currents, isn’t navigable and likely never will be, the AP reports.

However, the U.S. Justice Department’s Michael Gray used past ferry traffic and U.S. Coast Guard activity as evidence that watercraft can and do travel the river.

The judges on the New Orleans court didn’t indicate when they might make a ruling on the matter, according to the AP.  Although the panel is known as the most conservative appeals court in the nation, it wasn’t apparent from the judges’ line of questioning which way they might be leaning, the story noted.

The buoys will remain in the Rio Grande until a ruling is made.

Thursday’s hearing came shortly after President Joe Biden, in a shocking reversal, gave the Department of Homeland Security permission to construct 20 additional miles of the Trump-era border wall in Starr County, Texas.

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This article appears in Oct 4-17, 2023.