A closely-divided Supreme Court on Monday allowed Border Patrol agents to cut through or move razor wire Texas installed on the U.S.-Mexico border as part of an effort by the state to prevent illegal border crossings.
The court on a 5-4 vote granted an emergency request filed by the Biden administration, which had argued that Texas was preventing agents from carrying out their duties.
The brief order noted that four conservative members of the nine-justice court would have rejected the government’s request. They were Justice Clarence Thomas, Justice Samuel Alito, Justice Neil Gorsuch and Justice Brett Kavanaugh.
The Biden administration says the wire prevents agents from reaching migrants who have already crossed over the border into the U.S.
Texas Gov. Gregg Abbott, a Republican, installed the razor wire near the Rio Grande at Eagle Pass as part of an operation to address illegal immigration that has brought the state into conflict with the Biden administration.
Texas sued after Border Patrol agents cut through some of the razor wire, claiming the agents had trespassed and damaged state property.
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