United States v. Abbott

In this case, the United States contends that Texas illegally placed buoys in the Rio Grande River, in violation of the Rivers and Harbors Act of 1899, which prohibits "creation of any obstruction not affirmatively authorized by Congress, to the navigable capacity of any of the waters of the United States." In addition to disputing the Biden Administration's interpretation of the statute, Texas also contends it has the power to place the buoys there under the Invasion Clause of Article I of the Constitution, which provides, "[n]o State shall, without the Consent of Congress, ... engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay." Texas claims illegal migration and cross- border drug smuggling qualify as "invasion," thereby authorizing it to install the buoys even if doing so would otherwise be barred by a federal law. In their amicus brief, the Cato Institute and Professor Ilya Somin take no position on the statutory issues, but urge the U.S. Court of Appeals for the Fifth Circuit to reject Texas's dangerous Invasion Clause argument. It is at odds with the text and original meaning of the Invasion Clause and would have extraordinarily dangerous implications if accepted by federal courts.