SCOTUS & The Texas Border Showdown

BY Herschel Smith
2 months, 4 weeks ago

As you know, other states have stepped up to offer troops to secure the Texas border. That’s a good thing since Abbot has a habit of folding like a cheap suit under pressure.

Instapundit links an analyst who says it isn’t as clear as folks are making it out to be that the SCOTUS has given the final word on anything.

“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 don’t think it much matters. Either Texas will fold or they will hold fast. As for the SCOTUS, I expected nothing different from them. With AWB laws being enacted nationwide by the blue states, the SCOTUS has been running from semi-automatic weapons ban cases for months now. The two establishment women on the court – Barrett and Roberts – will nearly always side with the progs as we have now seen. The lower courts are running roughshod over Heller and Bruen and the SCOTUS doesn’t seem to care enough to stop it.

If that’s true, then why should Texas listen to the SCOTUS on this matter? The FedGov only wants control over this area in order to facilitate the foreign invasion.

As for the NG troops, here’s a warning. Be armed or go home. And that means be under arming orders, with weapons an ammunition and the authority to use them.


  1. On January 25, 2024 at 10:32 pm, bubbaearle said:

    Folks need to be wary of this situation. The media spin on it seems to be laying groundwork for another January 6th type psyop to ensnare patriots.

    Like Ol’ Remus used to say…. stay away from crowds.

  2. On January 25, 2024 at 10:39 pm, MTHead said:

    Once Texas passes their laws ban illegals crossing their border. The next thing is to start arresting bus drivers for aiding and abiding. And confiscating the buses.
    Without those the feds are moving much.
    Isn’t that what mayor Adams up in New York said he was going to do? The feds would be hard pressed to fix that. Confiscation laws being so well established and all.

  3. On January 25, 2024 at 11:28 pm, Frank Clarke said:

    Don’t mess with Texas…

  4. On January 26, 2024 at 1:53 am, Georgiaboy61 said:

    Re: “As you know, other states have stepped up to offer troops to secure the Texas border. That’s a good thing since Abbot has a habit of folding like a cheap suit under pressure.”

    Michael Yon, the former U.S. Army Special Forces soldier who is now a highly-respected war correspondent and independent reporter-at-large, believes that Governor Abbott of Texas is controlled opposition and an ally of the globalist oligarchs at the World Economic Forum (WEF). The WEF being one of the chief drivers of mass migration as a weapon of unconventional war.

    The caveat is that I do not know upon what evidence Yon bases his conclusion, but he has proven to be a reliable reporter and a courageous truth-teller many times in the past. Just passing this tidbit along.

    Re: “As for the NG troops, here’s a warning. Be armed or go home. And that means be under arming orders, with weapons an ammunition and the authority to use them.”

    You’re absolutely correct that sending unarmed troops without appropriate orders and with empty weapons and ammo pouches to “protect the border” is utterly pointless, a waste of taxpayer’s money and nothing more than security theater.

    How are unarmed troops supposed to protect anything? With harsh language?

    Returning to Abbott, if the spotlight stays on Texas, and he not what he claims to be and is deceiving his constituents, concealing that fact is going to get a lot more difficult.

  5. On January 26, 2024 at 5:38 am, Joe Blow said:

    Thanks for posting GeorgiaBoy.
    After the last few years, I side with Yon. He has prpven to me what he is and where he stands.
    Abbott is a career politician and acknowledged WEF memeber who went to the wall and wore his funny hat.
    Fuck him. If you can’t see that, you need to understand that you and your normalcy bias, ignorance and refusal to accept facts, are a huge part of the problem we as a nation are facing.
    You’re just blindly regurgitating “Yay Texas!” without actually understanding what the odds are you’re being led by controlled opposition? Understand YOU ARE THE PROBLEM.

  6. On January 26, 2024 at 11:46 am, George 1 said:


    That was my fear from the first. Feels like a set up. The USSC puts out a small “temporary” ruling to gage the reaction. They watch as it plays out with the public and at the right moment take more power away from the states, that is they cement in rulings the power that the feds have already taken away.

  7. On January 26, 2024 at 1:42 pm, Georgiaboy61 said:

    Abbott is apparently standing strong in his dispute with the White House, but that does not prove he is legitimate. Here’s why…

    The most-powerful people into the country and in the world prefer to work through layers of intermediaries and from behind the cover of deniability. I’m not speaking, per se, of politicians who are elected, but instead of the massive unelected bureaucracies – whether for profit or non-profit – and the billionaire oligarchs who exert so much influence on them.

    These powerful interests have shown over-and-over again in recent years that they prefer to use social engineering and manufactured crises to drive their agenda. The communists call these dialectics: Crisis > Reaction > Solution.

    Provoke a crisis (or take advantage of a naturally-occurring one); let events build to a crescendo and provoke a reaction – and then step in with the “solution” or synthesis as they call it, which gives you what you wanted all along, whether it is more power, money, etc. And that’s how they move the ball, to use a football analogy.

    Have the oligarchs decided to provoke a constitutional crisis, using the border and the de facto demographic invasion of the country as a catalyst? That’s the real underlying question here. Abbott’s fealty and lack of same is tied up inside all of that.

    Lenin said a century ago words to the effect that “The way we (meaning communists) handle the opposition is that we prefer to control it”….

    Of course, to a certain extent, this argument is academic. Things have been building to a crisis point for some time now as regards immigration (whether legal or not), so whether it was provoked or occurred more-or-less naturally is probably water over the dam at this point.

    It is germane to note, however, that many conflicts of the past – including the recent past – have been started using false-flag (engineered) attacks or crises. Going back to WW2, the Germans and Japanese both made use of false-flag operations in the run-up to the war, the Germans immediately prior to invading Poland (The Gleiwitz Incident) and the Japanese in the 1930s in China (The Mukden Incident).

  8. On January 26, 2024 at 3:58 pm, Latigo Morgan said:

    Back when GW was pretending to do something to secure the border, I was with a survey team on the New Mexico portion. The National Guard was also down there, running OPs for the Border Patrol. Everyone on the survey team (who didn’t have any felony convictions) had a side arm on the hip, and a long gun in their vehicle. It was wide open, wild west stuff.

    We rolled up on a National Guard OP, Georgia National Guard. They’d come home from Iraq, then almost immediately deployed to the Border. The NCO: “Why are you carrying weapons?”

    Me: “Why are YOU carrying weapons?”

    NCO: “Uh…uh..uh I didn’t mean to question your Second Amendment, Sir!”

    Me, with a wink, “At least mine are loaded, Sgt.”

    Only interesting encounter I had while on that job was a Ford Excursion shadow me on the other side of the border. When I stopped and got out my binos and stood in the back of my truck and watched him, he skedaddled.

    The next time I went down there, O’traitor was in charge and right off the bat, they said no weapons. Well, I interpreted that to mean no VISIBLE weapons.

  9. On January 26, 2024 at 4:16 pm, Georgiaboy61 said:

    @Latigo Morgan

    Very interesting to read of your experiences on the border, so thanks for sharing them.

    I have family/friends in the Tucson, AZ area, and so have followed the border and immigration (legal or otherwise) issues for decades now, sort of keeping an eye on things for lack of a better description. And it has been the Wild West down there for a long time now.

    It must be fifteen years ago – maybe twelve – that the authorities down in S. Arizona uncovered a giant weapons cache on the U.S. side of the border. A rancher or farmer – someone like that – had uncovered or discovered it somehow, and he called the sheriff or the C&BP. Anyway, long story short, they authorities came to the guy’s land and made the discovery that that all these weapons and gear were buried.

    It was enough weapons, ammunition, ordnance and gear to equip a company-sized fighting force. Not just (select-fire) assault rifles and ammo for them, but grenades and other explosives, Claymore and other types of mines, crew-served weapons such as light mortars and GPMGs, NVGs & IR optics, comms gear and much more.

    The cartels had smuggled the materials across the border and cached it on this guy’s land.

    It used to be possible for hunters and other outdoorsmen to go out in the desert in S. Arizona to varmint-hunt, hunt and do recreational/target/sport-shooting, but in recent years – certainly over the last decade or so – there have been so many actual gunfights along the border that DHS, C&BP and the local LE types have largely shut it down or discouraged sportsmen from being down there. Too dangerous, they say.

    That’s old news, BTW, I don’t have anything from the last few years…. so things may have changed since then.

    I haven’t been there myself, but supposedly El Paso, Texas and its “mirror” across the Rio Grand River in Mexico, Cuidad Juarez, are very dangerous places. Especially the latter, which according to rum-int is as dangerous as being in Afghanistan or Iraq or the like back in the GWOT.

  10. On January 26, 2024 at 4:51 pm, mrapp said:

    ………..and if I may interject…. MAGAZINES” am not being funny here, the previous times the guard presented itself Abbott bragged of his decisiveness !! and then it was pointed out that while they had weapons they were not allowed magazines…it’s the old “theater” and you will probably see this again…Abbott is a globalist and a Zionist so don’t be to disappointed and always remember the adage that has held true to this day…”no one is coming to save you” TINVYWOOTM……….

  11. On January 26, 2024 at 5:56 pm, Latigo Morgan said:


    I grew up near the border in S. Arizona. I have stories I just won’t share with anyone. Things have been “wild west” for a long time. Reagan was president when I started experiencing how “friendly” our neighbors to the south were. Where we lived, the sheriff was 2 hours away. If they were in the area, Border Patrol might show up in 45 min. if there was an emergency. We generally took care of our own problems.

  12. On January 26, 2024 at 7:16 pm, EdEarl said:

    Look at it with a wider view. The DC crowd is just pushing the American people to the breaking point. Abbot, a WEF scumbag is playing his script. They are pushing for a widespread response from pissed off Americans, and probably shaking their collective heads at the inaction! Yet once the reaction starts, do they have a plan ready? I would think so. All this stuff they are doing isn’t spur of the moment. I’d bet this is all a part of the long term plan. Buckle up bitches!

  13. On January 26, 2024 at 7:49 pm, A Reader said:

    Barrett and Roberts Go down in History as Traitors no matter how this ends.

  14. On January 27, 2024 at 12:56 am, Ricky Bobby said:

    I’m sure you’ve seen the photos of comrade Roberts with G Maxwell sitting together on a large chair and all smiles.
    How bout that Amy Coney Biden appointment from Emmanuel Trumpstein.
    Make Rhodesia Great Again.
    Is Brandon going to take over all 26 states National Guard and will they have to give a loyalty oath to Dear Leader?
    He could always use the “historic” pen and phone and make that civilian corps just as strong as the military as Chicago jesus said using the Replacements.
    I hope external enemies don’t find out about all this chaos and disunity.
    Sarcastic sad trombone on that last sentence.

  15. On January 28, 2024 at 11:23 am, NOG said:

    Just open your eyes and look around. All this BS is about ONE little area. The county park. They are claiming 2.5 miles “in size”, but along the river its only about a mile if that. Guess what is happening starting a couple miles up or down the river….. all open green flag racing come on in! Don’t trust anyone in Austin. They are no better than DC. A sewer at best. The same people that control DC control the state capitols. It’s not going to continue, just like USSR it will suddenly implode. They say science fiction has a habit of coming true. Maybe the guy that wrote Mad Max was correct …..

  16. On January 28, 2024 at 9:03 pm, Latigo Morgan said:

    We’re being played.

  17. On January 30, 2024 at 9:50 am, Don't mind me. said:

    Kabuki Theatre.
    Abbott and Biden are on the same team.
    We’re being prepped for an “event” that will precipitate martial law and a “postponed” election. If Abbott is such a hero then why didn’t he do this three years ago? Why now?
    You do realize he’s spent the last three years shipping illegals all over the country, don’t you?
    We’ve seen busloads dropped off in places like Sheridan, Wyoming. Dozens at a time, all with cell phones, clean clothes and all knowing where to go because their phones are giving them directions.

  18. On January 31, 2024 at 7:46 pm, Phil Ossiferz Stone said:

    Yep. It’s all posturing. I’ll just leave this here.

  19. On February 1, 2024 at 6:20 am, streamfortyseven said:


    This video piqued my interest, so I decided to have a bird’s eye look at the situation – and the images I saw confirmed – and more – the video above. The big production at Eagle Pass, and a half mile south on US 480, is a “Potemkin fence” at best, and then it’s just a farce. So much for Trump’s “Big Beautiful Fence”, there’s no evidence that such a thing ever existed when you go down the highway a couple of miles. See

    Click on the satellite view, zoom out to find areas of interest, zoom back in once you’ve found one – the scale is in the lower right hand corner – and it’s obvious that in numerous places there are no fences across roads with access to the Rio Grande, these roads lead down to a river road on the US side which is between 30 to 50 feet of the river, and these roads with access to Highway 480 from the river road are well travelled, no checkpoints, no barriers, no nothing, just open gravel road. Pictures and more comments here:

    Here’s something else which people might find interesting:
    Apparently Bret Weinstein and his son Zach went down to the Darien Gap area in Panama, the Weinsteins have pretty extensive experience in Central and South American jungle areas doing field research, and had a look at some of the migrant camps. They all speak Spanish, and so they got to speak with a number of people, they also took photos, some surreptitiously of one of the camps. They saw two distinct streams of migrants, one composed mostly of people from all over the world but mostly Central and South America – and one composed of a majority of Chinese males of military age, i.e. 18 -30 years old. They hypothesised that the latter group were “excess population”, products of the Chinese One Child policy, but it looks and sounds pretty ominous – definitely not good. Given the total lack of a border wall as documented in my prior post – and facilitated migration by both Feds and state officials – it looks like a move is on to create havoc – or put resources in place for a fifth column should Taiwan get invaded by the Chinese – a fait accompli could be set in place, with the collusion of elements of the US government controlled by a foreign power hostile to the US. Trump vs Biden could be a false choice – or that’s what it’s beginning to look like to me. Remember, coercive COVID policies started under Trump and continued with Biden, and the big beneficiary of those policies would be Communist China. Here’s the video –

  20. On February 1, 2024 at 7:50 am, taxSlave said:

    Beware the buffalo jump.

    The gang of murderers, thieves, and thugs want to delegitimize the Freedom Movement.

    If Abbott is WEF plant (I think he is), then this could be a vicious setup to further crush us.


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You are currently reading "SCOTUS & The Texas Border Showdown", entry #36374 on The Captain's Journal.

This article is filed under the category(s) Supreme Court,U.S. Border Patrol,U.S. Border Security,U.S. Sovereignty and was published January 25th, 2024 by Herschel Smith.

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