JOHN LUCAS: The Press Misleads – The Supreme Court has not Eliminated Texas’ Right to Defend Its Property. “The Court’s order vacated an injunction previously entered by the Fifth Circuit Court of Appeals that had prohibited the Government from damaging or destroying Texas’ wire. The Supreme Court’s order has been the subject of widespread and sometimes fiery commentary. However, the press and commentators are misanalysing the order. Governor Abbott and Texas are still free to prevent the feds from cutting their wire. The Supreme Court’s order does not forbid that. The press is misleading you. . . . The reason that the press and other commentators and critics are incorrect is that they apparently fail to understand the limited effect of vacating an injunction. After the Supreme Court’s order vacating the injunction, the status quo was the same as it was prior to the TRO ever being entered: There is no court order prohibiting the Government from taking down the wire AND there likewise is no Supreme Court order or opinion saying that the Government had a right to take down the wire. Nor is there an order by any court that Texas cannot protect its own property, namely the concertina wire.”

I believe he’s right about that. One small correction: The Texas State Guard (not to be confused with the Texas National Guard) is indeed immune to federal control, but it is not a “state militia.” It is better understood as troops raised with the consent of Congress under Article I section 10 of the Constitution.

UPDATE: Andrew McCarthy: It Is Not Texas That’s Defying the Law — It’s Biden. “When it is said that the states must comply with federal law, that means statutory law, not the whims of the executive branch. Biden’s policy is not federal law. Federal law, which the president refuses to faithfully execute, calls for detention. As I have explained before, Biden’s actions are in gross violation of the law.”