THE CENTER SQUARE—A panel of three judges on the 5th U.S. Circuit Court of Appeals has ruled in favor of Texas in a lawsuit filed over its concertina wire barriers.
The court ruled 2-1 on Monday in a case that may set the tone for two other cases before the court related to Texas’ border security operations.
Circuit Judge Stuart Kyle Duncan wrote for the majority, with Judge Don Willett joining him. Judge Irma Carrillo Ramirez dissented, arguing Texas did not meet “its burden to show a waiver of sovereign immunity or a likelihood of success on the merits.” (Duncan and Willett are appointees of then-President Donald Trump. Ramirez is an appointee of President Joe Biden.)
The ruling was issued 13 months after Texas sued the Biden administration after it destroyed concertina wire barriers it erected on state land.
The court was asked to decide whether Border…
