Uncommon Knowledge
Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
The debate on whether President Joe Biden should seize control of the Texas National Guard in order to force it to comply with a recent Supreme Court ruling is continuing to rage between Democrats and Republicans.
Texas Representative Joaquin Castro and former congressman and 2020 presidential hopeful Beto O’Rourke, both Democrats, are among those who are urging Biden to federalize the state’s National Guard to allow Border Patrol agents to remove razor wire put up along the U.S.-Mexico border by Texas law enforcement in order to prevent illegal immigration.
In a 5-4 ruling on January 22, the Supreme Court sided with the Biden administration, which said that the wire erected in Eagle Pass was put up illegally and prevented Border Patrol from trying to detain people who were attempting to cross the border via the Rio Grande.
Despite the ruling, Texas Governor Greg Abbott argued that Biden is failing his duties as president by not controlling the record levels of illegal crossings at the southern border during his time in office. Abbott has also declared that Texas is currently under an “invasion” and invoked the state’s constitutional right to defend and protect itself.
“That authority is the supreme law of the land and supersedes any federal statutes to the contrary. The Texas National Guard, the Texas Department of Public Safety, and other Texas personnel are acting on that authority, as well as state law, to secure the Texas border,” Abbott said.
As a result, Abbott is allowing the Texas National Guard to continue to install the razor wire along the border. He is refusing to allow Border Patrol agents access to Shelby Park—a riverfront park in Eagle Pass that migrants are using to enter the U.S. illegally—in order to remove the wires.
Newsweek reached out to the White House and Abbott via email for comment.
Biden is within his power to federalize the Texas National Guard in accordance with Title 10 of the U.S. Code, which would mean the state’s troops would be under direct orders of the president.
In 1957, President Dwight D. Eisenhower placed the Arkansas National Guard under federal authority and ordered them to protect nine Black students who enrolled at Central High School in Little Rock. The move arrived after the state’s governor, Orval Faubus, previously called the troops to prevent the Black students’ entry into the all-white school, despite a Supreme Court ruling that declared segregation in public schools unconstitutional.
Currently, Texas National Guard troops are operating under Title 32, which means they fall under the command of the Texas governor as their commander-in-chief.
“Abbott is using the Texas Guard to defy a Supreme Court ruling. When Gov. Faubus did this in 1957, Eisenhower federalized the Arkansas Guard to ensure compliance with the law,” O’Rourke posted on X, formerly Twitter. “Biden must follow this example of bold, decisive leadership to end this crisis before it gets worse.”
However, questions have been raised as to whether Biden can federalize the Texas National Guard in these current circumstances, with some suggesting the president does not have the legal justification to do so.
“Title 10 can only supersede Title 32 in a national emergency. In this case, Biden would have to activate the Texas National Guard to guard the border. Otherwise it is an unlawful order,” retired Air Force General Robert Spalding posted on X.
SAUL LOEB/AFP/Getty Images
Presumably, a move to federalize the Texas National Guard would mean the Border Patrol would quickly move in and remove the razor wire, which has been the focus of the arguments in the Lone Star state.
Others have suggested such a move could have broader implications for Biden, as well as setting up possible further legal challenges and issues.
“If the Texas National Guard are federalized under Title 10 for the sole purpose of pulling them off the Texas border and out of the chain of command of the Commander in Chief of the Texas military after Gov. Abbott invoked his constitutional authority to defend the Texas border, the founders would have envisioned this as a crime and misdemeanor and impeachable offense,” Jonathan Hullihan, a constitutional law and national security law expert, told The Center Square.
Texas Attorney General Ken Paxton also suggested that the Democrats calling for Biden to federalize the National Guard “don’t understand the law” and the president must first declare a national emergency.
“That goes to the whole question, why is he declaring an emergency? Obviously, we have one, right? And now he’s admitting it,” Paxton told Newsmax. “I think that becomes a political issue for him, it becomes a real problem for him politically.”
Beyond continuing to defy the Biden Administration and ordering law enforcement to still erect razor wire, Abbott has also indicated that he is willing to appeal any decision from the president to the Supreme Court.
Professor Peter Shane, a law lecturer at New York University and constitutional law expert, dismissed Abbott’s suggestion that he can have supreme authority in Texas after declaring that the state is under “invasion” from people crossing the border illegally.
“This is nonsense. Governors have no power to declare anything under the U.S. Constitution, nor does the Constitution give states any legal power to countermand the exercise of federal authority,” Shane previously told Newsweek.
Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
AUSTIN (Texas Tribune) — Texas communities will need to spend $174 billion in the next 50 years to avert a severe water crisis, a new state analysis revealed Thursday. That’s more than double the $80 billion projected four years ago, when the Texas Water Development Board last passed a state water plan.
The three-member board presiding over the agency authorized the highly anticipated draft blueprint Thursday, the first administrative step toward adopting the water development board’s plans for the next 50 years. The plan, released every five years, encompasses the projects that 16 regional water planning groups in Texas said are the most urgent, water development board officials said.
The board’s latest estimates come as the state’s water supply faces numerous threats. Growing communities across Texas are scrambling to secure water, keep up with construction costs and cope with a yearslong drought. This week, Corpus Christi officials said the city may be just months away from declaring a water emergency. Meanwhile, other rural cities by the Coastal Bend are rapidly drilling wells to avoid a crisis. Residents in North Texas have also been bracing for groundwater shortages.
In an effort to restrain the crisis, lawmakers last year called an election in which voters approved a $20 billion boost for communities to use on water-related expenses. The water development board’s estimate shows that what lawmakers proposed on the ballot falls dramatically short of the needed cash, experts said.
“What this number tells me at the end of the day is if we don’t get serious about (funding water projects), there are going to be serious consequences for Texas,” said Perry Fowler, executive director of the Texas Water Infrastructure Network. “Even with the billion-dollar-a-year plan kicking in, it’s not going to be enough to offset the costs of the projects that are going to have to be executed.”
The new estimate accounts for 3,000 projects, from regional infrastructure upgrades to smaller endeavors such as drilling new water wells. Texas’ water supplies are expected to drop by roughly 10% between 2030 and 2080, according to the water plan. In that same time frame, the maximum amount of water communities can draw is also expected to decline by 9%.
The 80-page plan notes approximately 6,700 recommended strategies that would add water to the state’s dwindling portfolio. The recommendations — which are not accounted for in the cost — include developing new supplies from aquifer storage and recovery, brackish groundwater, desalination and recycled water. It also calls for water conservation.
The report suggested that if Texas does not implement the plans and recommendations, the state is one severe drought away from an estimated $91 billion in economic damages in 2030.
The state’s plan attributes a variety of reasons for the bigger price tag, such as higher costs of construction due to inflation, impacts of the COVID-19 pandemic on supply chains, and a growing backlog of water supply projects.
“There’s a plan that can meet our needs,” said Matt Nelson, deputy executive administrator for the Office of Planning at the water development board, adding that they take their cues from the regional planning groups. “These are local projects that folks need to implement; they’re needed regardless of how they’re funded. It’s important to remember these are not top-down projects or state projects.”
Experts told The Texas Tribune that the board’s estimate is only a fraction of what Texas communities will need to ensure they have water in 50 years’ time, saying growth and development are outpacing the state’s ability to keep up.
“This is a bigger water plan in terms of volume strategies and capital costs compared to anything we’ve ever seen before,” said Jeremy Mazur, the director of infrastructure and natural resources policy at think tank Texas 2036.
Mazur suggested that the $174 billion only covers water supply projects and does not account for updating aging infrastructure, adding that the actual price could amount to a quarter of a trillion dollars.
“There’s a substantial magnitude with regard to the capital investment needed to both fix our aging and current systems and potentially develop the water infrastructure, water supply projects that we need.“
The report largely confirmed what many water experts have warned regarding threats to the state’s water supply, said Sarah Kirkle, director of policy at the Texas Water Association.
“Population growth, extreme weather, and economic development needs are all increasing demands on our infrastructure, and the state is going to need more water, sooner,” Kirkle said. “This is all while water projects are becoming more costly and complex because the easiest and cheapest local projects have already been developed.”
Fowler, with the infrastructure network, said he expects the Texas Legislature to take up the issue next year, when lawmakers meet for the 90th legislative session. He said the state should take a bigger role in ensuring that communities can afford their respective water projects.
“It’s going to have to be a top-down priority, there’s no way around it,” he said. “The challenges are so immense that it’s going to take all hands on deck.”
Texas residents have until the end of May to comment on the proposal. Water development board officials must adopt it by January 2027.
Alejandra Martinez contributed to this story.
This article originally appeared in The Texas Tribune at www.texastribune.org. The Texas Tribune is a nonprofit, nonpartisan media organization that informs Texans – and engages with them – about public policy, politics, government and statewide issues.
A North Texas man reported missing earlier this week was found dead Friday, and police say a co‑worker has confessed to fatally shooting him and stealing his car.
The suspect, Gregory D. Lewis, 34, remains in custody and faces a forthcoming capital murder charge, according to the Fort Worth Police Department.
Lewis is accused of killing 31‑year‑old Thomas King, who had been last seen in his Taco Casa work uniform. King was reported missing on Tuesday after failing to return home Monday from the fast‑food restaurant in the 1100 block of Bridgewood Drive.
Police said King’s car was found at the Quality Inn on I‑20 in Arlington, and surveillance video showed Lewis arriving in King’s vehicle shortly after King left work.
Detectives identified the man in the video and arrested him on unrelated charges.
King’s body was located on Friday in an open field on Fort Worth’s East Side, authorities said.
According to police, Lewis confessed to shooting the victim and stealing his car.
The Tarrant County Medical Examiner will determine the cause of death.
CBS News Texas has reached out to Taco Casa for comment.
WASHINGTON — A Mexican mayor earlier this month urged her constituents to get their relatives in Texas to vote for House Democratic candidate Bobby Pulido because he would “take care” of their city if elected to Congress.
“We need to get out the vote for him,” said Patricia Frinee Cantú Garza, mayor of General Bravo in Nuevo León, less than two hours from the US border, in a recent Spanish-speaking Facebook reel,which The Post reviewed and translated.
“Talk to your families in the United States. Make sure they go vote,” Garza added, noting that she would be presenting the keys to the city to Pulido, a two-time Latin Grammy winner, on April 3.
“When he becomes a congressman,” she also said, “we want him to take care of Bravo.”
The city ceremony celebrating Pulido in General Bravo never received enough funding and was cancelled, the Mexican outlet El Norte reported.
Pulido has headlined concerts in General Bravo as recently as November 2023. Local officials promoted the show and the current mayor and her husband, then-mayor Edgar Cantu Fernandez, appeared.
“Bobby doesn’t know the mayor and has never met her,” a Pulido campaign spokesperson said in a statement. “He declined the invitation, didn’t attend the event, and isn’t responsible for unsolicited comments made by other people.”
Bradley Smith, a former chairman of the Federal Election Commission, said the statements wouldn’t pose legal or ethical issues for Pulido — but that the remarks may have a political cost, given the focus on foreign involvement in US elections in recent years.
“If you were making financial contributions, that would be a different thing, but just to exhort people to vote,” Smith said, “I don’t think that’s going to be a problem for them.”
Jessica Furst Johnson, a partner at the Republican-aligned campaign finance and election law firm Lex Politica, noted that event appeared to function as an in-kind contribution to Pulido’s campaign but it would be difficult to determine without “more details.”
Congressional Republicans have thus far failed to pass a bill this session aimed at beefing up identification requirements for voters when registering, though many have said laws as currently written are too lax and could lead to non-citizens casting ballots.
State investigations and audits have shown in recent years that thousands of non-citizens ended up being registered, but few have ever illegally voted. Those who have are federally prosecuted.
Pulido is challenging incumbent GOP Rep. Monica De La Cruz in the Texas district this November and has faced questions from the press about his ties to Mexico, where he has said he maintains a home for parts of the year.
The Latino music star admitted to splitting time with his family between there and Texas just two years before launching his campaign, telling a YouTube show in a 2023 interview that he’s a “summer Mexican” but “winter Texan.”
“We live on the border,” he has also said. “My wife and I have a house in Mexico. So, we travel there, and we spend time over there.”
There was no indication of a current mortgage on a property either there or in the US, according to financial disclosures that Pulido filed April 15 with the House. Those filings also revealed he holds a checking account at a Mexican bank.
“Bobby lives in his family home in Edinburg, Texas, where he was born, raised, and is raising his own family,” the Pulido campaign rep noted. “He is in complete compliance with all House disclosure rules — the property you are referencing is not his primary residence so is not required to be listed.”
Pulled funding creates a bike path to nowhere. Let’s hope RI fixes it.
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