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Both sides claim victory after Supreme Court rules Texas rancher can sue state over flooded lands

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Both sides claim victory after Supreme Court rules Texas rancher can sue state over flooded lands

The Supreme Court unanimously ruled Tuesday that ranchers can sue the state of Texas over highway construction they allege flooded their lands.

“This is the pinnacle of a long, hard-fought battle, and we can’t stress enough what a blessing this is,” rancher Richie DeVillier said in a statement after the ruling.

But in an unusual twist, Texas Attorney General Ken Paxton is also claiming victory, stating the court’s decision protects “the ability of Texas to handle compensation disputes under State law for any allegedly taken property.”

The Supreme Court unanimously ruled that Richie DeVillier and other property owners can sue the state of Texas under the Fifth Amendment. (Courtesy Institute for Justice)

SUPREME COURT HEARS CASE OF TEXAS GRANDMOTHER THROWN IN JAIL AFTER CRITICIZING CITY GOVERNMENT

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DeVillier’s family has lived in Winnie, Texas, since the early 1900s when his great-grandfather homesteaded the land. In all that time, their 900 acres had never flooded because water naturally flowed south to the Gulf of Mexico, DeVillier said.

Then the Texas Department of Transportation renovated Interstate 10 along the ranch, widening the highway, raising it a foot and a half and adding an impermeable, nearly three-foot-high concrete barrier along the middle of it, according to DeVillier and his lawyers from the Institute for Justice.

The ranch turned into a lake when Hurricane Harvey hit. In addition to extensive damage to their home and belongings, the DeVilliers lost about 60 of their 300 cows and calves, plus seven horses.

“That was one of the most horrible things that I’ve had to go through,” DeVillier previously told Fox News. “It’s hard enough seeing a cow drowned. But horses are a different thing. Horses are parts of our souls.”

Two years later, Tropical Storm Imelda hit and their ranch flooded again.

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Left, Richie DeVillier’s son leans over the side of a boat to hold a calf’s head above water. Center, hay bales and ranch equipment stick out of the floodwaters following Hurricane Harvey in 2017. Right, water covers one side of Interstate 10. (Courtesy Institute for Justice)

CANCER SURVIVOR DEALT NEW BLOW AFTER TEXAS POLICE DESTROYED HER HOUSE, BUT LAWYERS SAY CITY STILL HAS TO PAY

The DeVilliers and their neighbors sued, arguing that Texas can turn their farms into a lake if it needs to, but not without paying the property owners. They pointed to the Fifth Amendment of the Constitution, which protects Americans against the taking of property by the government without compensation.

Texas argued that the Takings Clause in the Fifth Amendment didn’t apply since it doesn’t explicitly indicate that a state government must provide just compensation for property it seizes or damages. The 5th Circuit Court of Appeals agreed.

But Texas changed course in January when attorneys presented their cases before the Supreme Court, telling the justices that the ranchers could in fact sue in state court under the Fifth Amendment.

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“You’re the one who removed to federal court,” Justice Sonia Sotomayor said at the time. “This seems to me like a totally made-up case because they did exactly what they had to do under Texas law.”

Texas Solicitor General Aaron Nielson rejected that characterization, saying the state may simply have “misunderstood” what the ranchers were arguing, according to SCOTUS transcripts. Nielson said Texas would not oppose an attempt by DeVillier to amend the lawsuit and proceed under state law, according to the court’s opinion, written by Justice Clarence Thomas.

WATCH: RANCHER SAYS TEXAS HIGHWAY PROJECT FLOODED HIS LAND, KILLING CATTLE AND HORSES:

WATCH MORE FOX NEWS DIGITAL ORIGINALS HERE 

The Supreme Court unanimously vacated the 5th Circuit decision and ruled that the DeVilliers and other property owners should be allowed to “pursue their claims under the Takings Clause through the cause of action available under Texas law.”

“Texas’s rapid about-face at the Supreme Court means that Richie and his family will still have their day in court,” IJ President and Chief Council Scott Bullock said in a prepared statement.

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But Paxton’s office declared itself the winner in the case in a press release Tuesday afternoon.

“For as long as Texas has been Texas, it has recognized that property rights are crucial to a free society,” Paxton said. “Under the U.S. Constitution, such claims should be pursued under state law unless Congress has said otherwise. I’m pleased the Supreme Court agreed with us unanimously that citizens should sue under Texas law.”

IJ Deputy Litigation Director Robert McNamara, who argued on DeVillier’s behalf, was baffled by Texas’ characterization of the outcome.

“The upshot of today’s decision is that Richie’s case against Texas is going to trial when Texas didn’t want it to,” McNamara said. “That’s what losing looks like.”

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The Texas attorney general’s office did not respond to emailed questions about the case. The state doesn’t admit or deny in court documents that raising the interstate caused the flooding.

To hear more from DeVillier and to see video of the floods, click here.

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Southwest

Republican senators hit border, touting tougher security and tax cuts, in 2026 kickoff

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Republican senators hit border, touting tougher security and tax cuts, in 2026 kickoff

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Aiming to not only hold but expand their 53-47 majority in November’s midterm elections, top Senate Republicans are showcasing the plummeting rates of border crossings during a stop Friday at the nation’s southern border with Mexico.

And the group, led by Senate Majority Leader John Thune, is also highlighting how President Donald Trump and Republican lawmakers are “putting more money in Americans’ pockets.”

The stop at the border, hosted by One Nation, a nonprofit outside group closely aligned with Thune, is seen as an unofficial kickoff by Senate Republicans ahead of the midterms to tout the sweeping “One Big, Beautiful Bill Act,” Trump’s signature domestic achievement last year that was passed nearly entirely along party lines in the GOP controlled Congress.

At the event at the border, which was a regular stop for Republicans amid the surge in border crossings during then-President Joe Biden’s administration, the GOP senators are teaming up with members of the National Border Patrol Council. And they are highlighting how the passage of the domestic policy measure “secured transformational border security funding,” according to One Nation.

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THUNE PREVIEWS SENATE REPUBLICANS’ MIDTERM MESSAGE 

Senate Majority Leader John Thune and fellow Senate Republicans speak to reporters at an event at the nation’s southern border with Mexico, on Jan. 9, 2026. (One Nation)

“This is a remarkable, remarkable difference in just a year,” Thune said at the event. “It’s been an incredible year of progress when it comes to the southern border and the American people are experiencing the benefit of that in the form of having safer streets and safer communities and safer neighborhoods.”

But with Democrats enjoying decisive victories and overperformances in the 2025 elections and in a slew of special elections and other ballot box showdowns last year, which were fueled by their laser focus on affordability amid persistent inflation, the Republican senators are also using Friday’s trip to spotlight the tax cut and energy policy provisions in the bill, which they rebranded as the “Working Families Tax Cut.”

“The Working Families Tax Cut will make buying groceries more affordable for working Americans this year,” the Senate Republicans touted on social media on the eve of the border stop. “Every Democrat voted against it.”

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DOUBLING DOWN: TOP HOUSE DEMOCRAT SAYS FOCUS ON HIGH PRICES ‘ABSOLUTELY GOING TO CONTINUE’

And they also highlighted that “Senate Republicans have worked closely with President Trump to lower energy prices and make life more affordable — and the results speak for themselves.”

Thune, at the border, pointed to the tax cut provisions in the GOP measure, including no tax on tips and overtime and reduced rates for seniors on Social Security, along with “the jobs that are going to be created by the pro-growth policies that we put in place….are going to lead us to a place where the American people are seeing their incomes go up.”

But Democrats see the cost of living as their winning issue heading into the midterms.

“If the Republican agenda actually made life more affordable for working Americans, then they wouldn’t be desperately flailing as families struggle to afford groceries, health care, and housing,” Lauren French, communications director at Senate Majority PAC, the top Senate Democrat-aligned outside group, told Fox News Digital. “Instead of focusing on working people, Trump and Senate Republicans are focused on bringing chaos and instability into our communities.”

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Senate Majority Leader John Thune, R-S.D., holds a political and policy event Friday at the nation’s southern border with Mexico. (Nathan Posner/Anadolu via Getty Images)

Joining Thune, the longtime senator from South Dakota, at the border is Sen. John Barrasso of Wyoming, number two in Senate Republican leadership.

There are also Sen. John Cornyn of Texas, who faces a bruising GOP primary showdown in March against challengers Texas Attorney General Ken Paxton and Rep. Wesley Hunt; and Republican Sens. Jon Husted of Ohio and Ashley Moody of Florida, who were appointed last year and will face voters this November.

HEALTHCARE, ECONOMY AND THE ‘ONE BIG, BEAUTIFUL BILL’: WELCOME TO THE MIDTERMS

GOP Sens. Pete Ricketts of Nebraska and Mike Rounds of South Dakota, who are up for re-election this year, are also on the trip, as are former Rep. Mike Rogers and former Republican National Committee chair Mike Whatley, the GOP Senate candidates in battlegrounds Michigan and North Carolina who are backed by Thune and the National Republican Senatorial Committee.

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“We’re seeing signs already that the economy is starting to tick up and is starting to take hold as the President’s policies are getting in place,” Whatley argued last month in a Fox News Digital interview. “We need to make sure that we have the trade policies, the tax policies, the regulatory policies from this administration that are going to help our small businesses, our manufacturers and our farmers across North Carolina.”

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But Democrats are energized as the midterm year begins, as they continue to keep their focus on the issue of affordability.

“Donald Trump has lost the economy, is losing his mind, and is going to lose the midterms,” Democratic National Committee chair Ken Martin claimed in a recent statement.

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Body found during search for missing Texas teen Camila Mendoza Olmos as another teen girl disappears

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Body found during search for missing Texas teen Camila Mendoza Olmos as another teen girl disappears

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A body was found Tuesday evening as authorities in Bexar County, Texas, grapple with a series of disappearances involving teen girls who all went missing within a week.

The body was found during the search for 19-year-old Camila Olmos, though police said it is too early to determine whether the remains belong to her.

Bexar County Sheriff Javier Salazar said during a news conference that investigators had “just recently found a body in a field” around 4:40 to 4:45 p.m., adding that the medical examiner will determine both the identity of the body and the cause and manner of death.

The body was found by a joint team of sheriff’s deputies and FBI agents in an area of tall grass near a landscaping business, a few hundred yards from Olmos’ home, according to Salazar.

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MISSING CAMILA MENDOZ OLMOS: DASHCAM CAPTURES LAST SIGHTING OF TEXAS TEEN WHO VANISHED CHRISTMAS EVE

Camila Olmos was reported missing on Christmas Eve. (Bexar County Sheriff)

A firearm was recovered near the body, which authorities said had been an item of interest during the search.

Salazar said investigators do not currently suspect murder and noted there were indicators consistent with possible self-harm, though he stressed it is too early to draw conclusions while the scene is still being processed.

Olmos was last seen leaving her home in far northwest Bexar County around 7 a.m. on Dec. 24, authorities said. Her case came as two other girls were reported missing in the area. Fourteen-year-old Sofia Gabriela Peters-Cobos has since been found safe, while 17-year-old Angelique Johnson remains missing, according to police.

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Law enforcement has said there is no confirmed connection between the cases.

MISSING CAMILA MENDOZ OLMOS: DASHCAM CAPTURES LAST SIGHTING OF TEXAS TEEN WHO VANISHED CHRISTMAS EVE

Angelique Johnson, from San Antonio, Texas, was reported missing. (Bexar County Sheriff’s Office)

Texas Department of Public Safety said the Clear Alert for Olmos has been discontinued, though authorities urged anyone with information related to the cases or the whereabouts of Angelique Johnson to contact the Bexar County Sheriff’s Office.

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The Bexar County Sheriff’s Office and the San Antonio Police Department did not respond immediately to Fox News Digital’s requests for comment.

Fox News Digital’s Greg Norman and Michael Ruiz contributed to this report.

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Former GOP Sen Jon Kyl announces dementia diagnosis, steps away from public life

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Former GOP Sen Jon Kyl announces dementia diagnosis, steps away from public life

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Former Republican Sen. Jon Kyl announced on Tuesday he is withdrawing from public life after being diagnosed with dementia.

Kyl, 83, became one of Arizona’s most prominent Republicans during a career that spanned nearly three decades across both chambers of Congress, including a stint as Senate minority whip.

“I was blessed to represent the people of Arizona in Congress and to have numerous other opportunities to contribute to the political and civic life of our nation and state,” Kyl said in a statement. “However, the time has come for me to withdraw from public life. I have been diagnosed with a neurological disease manifesting as dementia.”

Kyl represented Arizona’s 4th Congressional District in the House from 1987 to 1995 before serving in the U.S. Senate from 1995 to 2013.

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DAVID MARCUS: BEN SASSE IS DYING, BUT HIS LETTER TO AMERICA WILL LIVE FOREVER

Former Arizona Republican Senator Jon Kyl announced on Tuesday he is withdrawing from public life after being diagnosed with dementia. (AP Photo/Cliff Owen)

After leaving the Senate, Kyl joined the lobbying firm Covington and Burling, before being appointed in 2018 by then-Gov. Doug Ducey to fill the vacancy caused by the death of former Sen. John McCain.

Kyl held the seat for several months in the Senate before rejoining the firm in 2019, where he helped guide the confirmation of Supreme Court Justice Brett Kavanaugh.

The longtime Arizona lawmaker described himself as “a very fortunate man” despite the diagnosis.

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FORMER COLORADO SEN. BEN NIGHTHORSE CAMPBELL DEAD AT 92

Former Arizona Republican Sen. Jon Kyl, left, and Bruce Babbitt, right, former Arizona Republican governor and secretary of the Interior, wave to the crowd as they are recognized during Arizona Gov. Doug Ducey’s state of the state address Monday, Jan. 14, 2019, in Phoenix. (AP Photo/Ross D. Franklin)

“My family and I now head down a path filled with moments of joy and increasing difficulties,” he stated. “I am grateful beyond expression for their love and support, in these coming days as in all the days of my life.”

Kyl moved to Arizona as an 18-year-old freshman to attend the University of Arizona, where he met his wife.

The university said Kyl devoted more than two decades to public service, leaving a lasting impact on water policy, national defense and intelligence.

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“His leadership, integrity, and commitment to service reflect the highest ideals of public life,” the university said in a statement.

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Former Sen. Jon Kyl, R-Ariz., announced he is withdrawing from public life after being diagnosed with dementia. (Andrew Harrer/Bloomberg via Getty Images)

Sen. Mark Kelly, D-Ariz., said Kyl gave “decades of his life” serving Arizona, adding that he’s grateful for the former GOP senator’s “commitment to our state and country.”

The Associated Press contributed to this report.

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