Biden Administration Seeks Delay in Border Barrier Trial Against Texas Governor

The Biden-Harris administration's Department of Justice (DOJ) has filed an unopposed motion to postpone a trial concerning the lawsuit against Texas Governor Greg Abbott over the installation of floating border barriers in the Rio Grande. The DOJ is requesting a 60-day delay, which would likely push the trial date beyond the upcoming November 5 presidential election. This motion follows a ruling from the U.S. Court of Appeals for the 5th Circuit, which allowed Texas to maintain the barriers while the case is pending. The appellate court's decision, made by an en banc panel of 17 judges, overturned a previous lower court's injunction, indicating that Texas is likely to prevail in the lawsuit. The majority opinion stated that the district court had erred in its assessment of the navigability of the Rio Grande concerning the barriers. The ruling saw a split among the judges, with ten supporting Texas's position and seven favoring the federal government's stance. In its motion, the DOJ emphasized the need for additional time to evaluate the court's opinion and consult with relevant agencies before proceeding. The floating barriers, which were installed over a year ago near Eagle Pass, Texas, have been a point of contention, prompting the federal government to demand their removal. The case, titled USA v. Greg Abbott, is set to return to the U.S. District Court for the Western District of Texas, with a trial initially scheduled for August 6 in Austin. The DOJ has requested that the trial commence by October 7 or at the next available date thereafter.