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Texas Is Spoiling for a Civil War

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Texas Is Spoiling for a Civil War




Politics


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January 30, 2024

As Governor Greg Abbott escalates his border fight with the Biden administration, he is sounding a lot like an old Confederate.

Texas National Guard soldiers stand guard on the banks of the Rio Grande river at Shelby Park on January 12, 2024 in Eagle Pass, Texas.

(Brandon Bell / Getty Images)

Many Democrats treat the Empire of Texas as an alarming side show. Sure, the state executes the most people in the country; places bounties on those who smuggle pregnant people out of state to receive reproductive care; and uses migrants for target practice—but for many liberals the state is just a sick joke that can be disregarded until Ted Cruz shows up for a football game. Even now, as the state openly repudiates federal laws, the most common refrain from the “always-online” liberal community is “Good: give Texas back to Mexico.” 

That is not the right answer. First of all, Texas doesn’t want to leave, it wants to invade the rest of the United States and remake the country in its own Christofascist image. Moreover, as is typical with these “states’ rights” types, the definition of “freedom” envisaged by the white guys running Texas is one where they are the only ones forever free—and they are allowed to subjugate women and people of color in their grabbable areas. But most important, allowing a state like Texas to thumb its nose at human rights and federal authority does nothing but give aid and comfort to other would-be rebel states to do the same.

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Texas is not a side show, it is ground zero in the battle to reassert state’s rights over individual rights and the federal government. And, with the help of Republican judges and a Democratic administration that still seems beholden to a rulebook Texas is eager to torch, Texas is more or less winning the first battle in this Civil War reenactment.  

The flashpoint for this crisis is, of course, the border. I have written before about the crossing at Eagle Pass, Texas, a place along the Rio Grande where it is popular for immigrants to make the crossing. Texas Governor Greg Abbott has erected a series of sadistic obstructions across this part of the river—including buoys ringed with razor wire and underwater traps—meant to maim and even drown people trying to swim across the river. Should people, and their children, survive Abbott’s gauntlet, Texas officials on the other side have been accused of pushing them back into the river, or denying the survivors medical aid or even water. 

In response to this murder-barrier, which is in clear violation of both federal law and international human rights laws, US Attorney General Merrick Garland… filed a lawsuit. Because when a rebel force erects a literal death trap on federal lands, the right answer is to use the slow and plodding legal process instead of sending, I don’t know, a Zumwalt-class naval destroyer into the river to clear the obstructions. The lawsuit is still pending while people drown, of course. 

Lawsuits do have some effect on restraining Texas’s actions. Governor Abbott recently admitted: “The only thing that we’re not doing is we’re not shooting people who come across the border, because of course, the Biden administration would charge us with murder.” So, good job “murder laws,” way to make murderers think twice before murdering people. Nonetheless, Garland’s lawsuit did not compel Texas to tear down its medieval fortifications. 

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Eventually, the Biden administration did send federal border patrol agents to Texas to monitor and provide humanitarian aid to the people Abbott would let die. In response, Abbott erected another razor wire fence, this time to keep the federal agents away from the river and prevent them from helping. 

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Again, instead of cutting through the razor wire and arresting the people trying to obstruct the federal government, the Biden administration sued. I’m going to say this part really slowly for the MAGA “tourists”: preventing federal officials from carrying out their duties is a crime. 

The federal government has nearly unfettered authority to make national immigration policy, and even if you’ve watched too much Fox News to believe that, it certainly has total constitutional authority to patrol the nation’s borders. Lawyers for Texas argued, however, that the government’s authority does not extend to repurposing private dwellings to enact its policies, and that’s true. But putting up a fence to block access to an international waterway does not convert the Rio freaking Grande into a private dwelling. 

The Supreme Court heard this case on emergency appeal—and last week it ruled in favor of the Biden administration. But, shockingly, the vote was only 5-4, with justices Clarence Thomas, Samuel Alito, Neil Gorsuch, and alleged attempted rapist Brett Kavanaugh all dissenting without comment. (It might have been interesting if they did; we might have gotten the first judicial comment about the Third Amendment—which prohibits forcing private individuals to provide for federal troops—that anybody can remember.) 

Despite the legal loss, Abbott was undeterred. Perhaps inspired by the fact that there appears to be at least four justices willing to defend Texas’s right to go to war with the federal government, Abbott issued a lengthy statement claiming that Texas is under foreign “invasion” (from desperate migrants who are too exhausted to stand after their ordeal); that the Biden administration has failed in its federal duty to protect Texas from invasion; and thus Texas has the authority to “defend itself” through any means. Abbott says Texas has a right to “stand its ground”—and we should all know by now that “stand your ground” is white people code for “kill brown people who bother us.” If that argument sounds totally detached from any reasonable code of laws, that’s because it is, but it should also sound familiar. Abbott and Texas has already made this exact same argument in defense of its recent “show me your papers”-style racial profiling bill, which allows Texas to arrest any undocumented immigrant—or any suspected undocumented immigrant, whatever the hell that means—and jail them or deport them back to Mexico, even if they’re not Mexican. 

This ridiculous “invasion” rhetoric is being parroted by red-state governors across the country. South Dakota’s Kristi Noem, for instance, has said she is willing to send her state’s own troops to help Texas “secure the border.” Yes, red-state governors are threatening to send troops to Texas to fight federal agents. 

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Liberals online dunked on Fox News because, after a New York jury announced that Trump owed E. Jean Carroll an additional $83 million for defaming her, Fox quickly cut away from the verdict to return to its ongoing “border crisis” coverage. It looked like Fox was doing its usual thing of distracting from the legal woes of their Lord and Savior with more fear mongering and fake news about immigration. To be clear, the network was certainly doing some of that. But we are in a situation where there is a state in open rebellion against both federal law and a Supreme Court order, and they’ve got guns. 

The white-wing media complex is simply giddy about the prospect of defeating federal agents trying to enforce the law, while the left is devoting a lot of time to defending Taylor Swift. Don’t get me wrong, Swift seems like a really cool lady, and I hope that she and Kansas City Cultural Appropriations tight-end Travis Kelce have found true and everlasting love, but Texas is leading a revolt against the federal government, as it continues to harm immigrants, while the Biden administration waits for the refs to throw a flag. 

People will say Texas is merely “causing a constitutional crisis” as opposed to spoiling for civil war. But that is the wrong frame. There is no “constitutional” crisis here, because there is nothing up for reasonable interpretation. Texas is violating the Constitution, as well as a court order, and it’s doing so in order to continue to hurt desperate people. The state is literally blocking humanitarian aid to people it deems disposable, effectively trying to shove them underneath the waves before the federal government can throw them a life raft. This is not a legal crisis: this is a rebellion against federal authority and the basic human decency that it’s trying to provide.    

If President Biden will not enforce federal laws in Texas, nobody will. In this case, enforcing those laws requires not just breaking down the razor wire defenses and deconstructing the Eagle Pass barrier but also arresting the people who obstruct federal agents performing their duties. If Governor Abbott tries to further obstruct the operations of the federal government and continues to violate the Supreme Court’s order, he should be arrested for treason. And if all that seems aggressive and likely to escalate the conflict, I’d simply point out that appeasement never works, and Texas has already taken the aggressive step of violating court orders in order to harm as many migrants as it can, all while Biden and Garland impotently shout “hey pal, that’s not fair” as dead bodies float on by. 

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Does Biden have the stomach to fight this? Abbott is betting that he doesn’t. It’s the same bet John C. Calhoun and Jefferson Davis and Robert E. Lee made about Abraham Lincoln: they didn’t think they could “win” the Civil War, they thought the Union wouldn’t have the will to stop them. 

The Confederates were wrong about Lincoln. The Republicans may be right about Biden. 

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Elie Mystal



Elie Mystal is The Nation’s justice correspondent and the host of its legal podcast, Contempt of Court. He is also an Alfred Knobler Fellow at the Type Media Center. His first book is the New York Times bestseller Allow Me to Retort: A Black Guy’s Guide to the Constitution, published by The New Press. Elie can be followed @ElieNYC.

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How to Watch Oregon Ducks vs. Texas Tech: Preview, Prediction, Betting Odds

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How to Watch Oregon Ducks vs. Texas Tech: Preview, Prediction, Betting Odds


After a big win in the first round of the College Football Playoff, the No. 5 Oregon Ducks are on to the quarterfinals. Oregon coach Dan Lanning and the Ducks will take on the No. 4 Texas Tech Red Raiders in the Capital One Orange Bowl.

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How To Watch

When: Thursday, Jan. 1, at 9 a.m. PT.
Where: Hard Rock Stadium in Miami Gardens, Florida
TV Broadcast: ESPN
Radio Call: Oregon Sports Network, KUJZ-FM 95.3 (Eugene), KRSK-105.1 FM/1080 AM (Portland)

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Oregon quarterback Dante Moore greets Duck fans at the Moshofsky Sports Center before the College Football Playoff game between Oregon and James Madison Dec. 20, 2025. | Chris Pietsch/The Register-Guard / USA TODAY NETWORK via Imagn Images

Betting Odds

The Oregon Ducks are 2.5-point favorites against the Texas Tech Red Raiders on FanDuel Sportsbook. The moneyline for Oregon is -130, and the point total is set at 52.5.

Injury Update

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The Oregon Ducks’ wide receiver unit is getting healthy at the right time. Wide receivers Gary Bryant Jr. and Dakorien Moore were both seen at practice on Saturday ahead of the game against Texas Tech.

Sep 13, 2025; Evanston, Illinois, USA; Headshot of Oregon Ducks wide receiver Dakorien Moore (1) against the Northwestern Wildcats during the second half at Northwestern Medicine Field at Martin Stadium. Mandatory Credit: David Banks-Imagn Images | David Banks-Imagn Images
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Running back Jordon Davison has been a player to monitor, but was also seen back at practice, another positive sign for the Ducks. 

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The one player who was not seen during the open portion of practice by the media was wide receiver Evan Stewart. Stewart has yet to play in a game this season, and he will continue to be a player to monitor.

Oregon’s Explosive Offense To Play Key Role

The Oregon Ducks offense has been tough to stop, with its immense depth and explosive plays. The Ducks played well throughout the season despite injuries, but with players returning, Oregon will be tough to stop.

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Nov 8, 2025; Iowa City, Iowa, USA; Oregon Ducks quarterback Dante Moore (5) runs off the field after the game against the Iowa Hawkeyes at Kinnick Stadium. Mandatory Credit: Jeffrey Becker-Imagn Images | Jeffrey Becker-Imagn Images

The Ducks lead the FBS with plays going for over 20 yards and are No. 2 in yards per rush, proving the team’s explosiveness. The Ducks total 217.08 rushing yards per game and 251.8 passing yards per game.

The Oregon offense is led by quarterback Dante Moore, who is having a breakout year. Moore totals 3,046 passing yards and 28 touchdowns. He threw four touchdowns against James Madison, but he will have to be careful against the Red Raiders after also throwing two interceptions. Moore also totals 196 rushing yards and two touchdowns.

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Wide receiver Malik Benson has been a role player amid injuries to the offense. Benson leads the team with 645 yards and six touchdowns. Tight end Kenyon Sadiq leads the team with eight touchdown receptions and has 509 receiving yards.

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Moore does well at spreading the ball around to his several receiving targets, making Oregon a tough team to defend against the pass.

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Nov 18, 2023; Tempe, Arizona, USA; Oregon Ducks head coach Dan Lanning against the Arizona State Sun Devils at Mountain America Stadium. Mandatory Credit: Mark J. Rebilas-Imagn Images | Mark J. Rebilas-Imagn Images

Oregon’s talented running back room has been one of the many highlights of the offense. Running back Noah Whittington leads the team with 798 rushing yards and has six touchdowns. True freshman running back Jordon Davison leads the team with 13 rushing touchdowns and has 625 rushing yards.

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While Whittington and Davison may be leading the team, running back Dierre Hill Jr. is coming off a massive game against the Dukes, with one rushing touchdown and a 40-yard reception. 

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The Oregon Ducks have playmakers on offense that will help lead to a win against the Red Raiders.

Ducks’ Defense Must Stay Consistent

Oregon has one of the most dominant defenses in college football, but the Ducks must play all four quarters against Texas Tech. Oregon’s defense allowed the Dukes to score four touchdowns in the second half, and that cannot happen against a tougher opponent.

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Oregon Defensive Coordinator Tosh Lupoi runs a warmup drill with his team before the game against Oklahoma State at Autzen. | Chris Pietsch/The Register-Guard / USA TODAY NETWORK via Imagn Images

Oregon has allowed 16.3 points per game this season and is No. 4 in the nation in a three-and-out rate of 31.11 percent. The defense ranks No. 1 in the FBS for passes broken up (67), and will be a tough team to throw against.

Safety Dillon Thieneman is proving to be a massive transfer portal addition and is a big reason Oregon does well defending the pass. Thieneman totals 71 tackles, one sack, five passes defended, and two interceptions.

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Oregon linebacker Bryce Boettcher has been a difference-maker with the Ducks throughout the season. He leads the team with 113 total tackles, and has one sack, four passes defended, one interception, and one forced fumble.

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Linebacker Teitum Tuioti is another role player on the team, leading the Ducks with 7.5 sacks and two forced fumbles.

Oregon has a talented unit on defense, and the Ducks will have to be on top of their game to defeat Texas Tech.

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The Texas Tech Red Raiders enter the matchup with a 12-1 record and as Big 12 champions. With also coming off a bye, the Red Raiders should not be counted out.

Red Raiders quarterback Behren Morton has passed for 2,643 yards and 22 touchdowns. He has thrown just four interceptions this season, proving he can make smart decisions and is an accurate thrower.

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Texas Tech wide receiver Caleb Douglas leads the team with 846 receiving yards and seven touchdowns. The Red Raiders’ run game has been highly successful this season and will test Oregon’s defense. Running back Cameron Dickey leads the team with 1,095 rushing yards and 14 touchdowns.

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Two players on the Red Raiders’ defense who may play a critical role will be linebackers Jacob Rodriguez and David Bailey. Bailey leads the team with 13.5 sacks, going against a tough Oregon offensive line. Rodriguez leads the Red Raiders with 117 tackles and has four interceptions, seven forced fumbles, and two fumble recoveries, one of which was returned for a touchdown. 

Oregon vs. Texas Tech Prediction

The Oregon Ducks will defeat the Texas Tech Red Raiders 27-24.

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If Oregon defeats Texas Tech, the Ducks will face the winner of No. 9 Alabama vs. No. 1 Indiana in the playoff semifinals.

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Coach Fritz has preached a simple message all season: “The Coogs don’t beat the Coogs.”

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However, the team beat themselves early in the game and the Cougars allowed LSU to jump out to a 14-0 lead with over 12 minutes left in the first quarter.

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The Cougars’ defense forced LSU to punt, and they had the ball with a chance to seal the game.

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It all came down to an onside kick, one that LSU nearly recovered, but the Cougars bounced on the ball to win the game.

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Houston outlasted LSU to even the all-time series at 2-2. Fritz also picked up his fourth bowl win, and he has the Cougars rolling as his squad rolls into the offseason.



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