A federal judge appointed by conservative Supreme Court Chief Justice John Roberts called out Texas Governor Greg Abbott for allegedly threatening Mexican sovereignty by placing a circular saw-covered string of buoys down the center of the Rio Grande River during a hearing on August 22.
On that day, officials with the U.S. State Department argued in a Texas courtroom that Mexico has repeatedly raised concerns about Abbott's controversial decision to deploy a system of large buoys to deter migrants from crossing the border into the United States in a trendline Abbott and others in the GOP have characterized as an "invasion."
In a 32-page lawsuit filed late last month, the Department of Justice argued establishing the approximately 1,000-foot barrier in U.S. navigable water requires the approval of the U.S. Army Corps of Engineers, which Abbott did not obtain before the buoys were placed in the water.
According to the Associated Press, U.S. District Judge David Ezra—an appointee of Ronald Reagan who was recently assigned to ease a case backlog in the Texas court system—reportedly did not immediately rule at the conclusion of the hearing Tuesday in Austin.
He also reportedly appeared to question whether Abbott as governor had the unilateral power to stall a country's citizens from crossing a border that is typically under the jurisdiction of the federal government under his so-called "Operation Lone Star," a sweeping plan to reduce a skyrocketing level of illegal crossings under the Biden administration.
Particularly given recent complaints that Abbott's barrier has occasionally drifted over to the Mexican side of the river in what Mexico reportedly characterized to U.S. State Department officials as a direct challenge to its sovereignty.
"Mexico has sensitivities about sovereignty and doesn't want to be seen as a lesser partner to the United States," Hillary Quam, the State Department's coordinator for border affairs between U.S. and Mexico, said according to the AP.
Ezra appeared intrigued by the argument—particularly given reports Texas officials had reportedly moved the buoys in recent days.
"If it were in a position Texas was comfortable with, they wouldn't have done that," Ezra reportedly said.
Closing arguments in the case are due by Friday. Abbott, meanwhile, has already pledged to take the buoy case "all the way" to the Supreme Court if necessary.
"Texas will see the Biden Administration in court to aggressively defend our sovereign authority to secure the border," Abbott wrote on Twitter July 24. "Biden's open border policies created this humanitarian disaster."
